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MEDINA v. CITY OF NEW YORK

63 A.D.3d 632 (2009)

882 N.Y.S.2d 95

DAVID MEDINA, Appellant, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 30, 2009.

The commencement of this action was untimely (General Municipal Law § 50-i). Plaintiff's objection that defendant's answer should be considered a nullity was effectively waived when he retained that responsive pleading for two months before moving to dismiss (see e.g. Rosenshein v Ernstoff, 176 A.D.2d 686 [1991]). He also failed to offer any evidence that defendant had induced him to delay bringing the action by misleading him...

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