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QUIJANO v. CITY OF NEW YORK

3282, 26035/98

76 A.D.3d 937 (2010)

907 N.Y.S.2d 865

CARLOS QUIJANO, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided September 30, 2010.

The motion to substitute, which was made in January 2009, 11 years after the alleged accident in January 1998 and almost 10 years after plaintiff's death in April 1999, was properly denied on the ground that it was not made within a reasonable time, as required by CPLR 1021 (see Washington v Min Chung Hwan, 20 A.D.3d 303, 305 [2005]; Palmer v Selpan Elec. Co., 

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