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AMBRUS v. CITY OF NEW YORK

2010-03155.

87 A.D.3d 341 (2011)

928 N.Y.S.2d 719

2011 NY Slip Op 5945

AUGUSTINE AMBRUS et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided July 12, 2011.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Edward F. X. Hart , and Tahirih M. Sadrieh , of counsel), for appellants.

Chester H. Greenspan , P.C., Jericho, for respondents.

MASTRO, J.P., DILLON, and SGROI, JJ., concur.

OPINION OF THE COURT

ENG, J.

The Court of Appeals has long recognized that CPLR 204 (a) tolls the one-year and 90-day statute of limitations governing tort claims against municipal defendants while a motion to serve a late notice of claim is pending. The toll has been held to run from the date an application for leave to serve a late notice of claim is made to the date upon which an order granting that relief goes into effect. The sole issue raised on this...

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