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STRAUSS v. EAN HOLDINGS, LLC

4968. 159627/15.

156 A.D.3d 571 (2017)

65 N.Y.S.3d 707

2017 NY Slip Op 09254

JESSE STRAUSS, Appellant, v. EAN HOLDINGS, LLC, et al., Appellants, CITY OF NEW YORK, Respondent.

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

Decided December 28, 2017.

Plaintiff's claims for a defense and indemnity from the City were correctly dismissed as time-barred, since plaintiff failed to file the complaint within four months after he became aware of the City's determination to deny representation in the underlying action (see CPLR 217 [1]). Contrary to plaintiff's contentions, his demand for a defense and indemnity are subject to General Municipal Law § 50-k, which provides for the City's defense and indemnity of City...

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