ZAYED v. NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION

5318, 21602/15.

157 A.D.3d 410 (2018)

66 N.Y.S.3d 124

2018 NY Slip Op 00007

BURHAN ZAYED, Respondent, v. NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION et al., Appellants.

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

Decided January 2, 2018.


Although plaintiff successfully sought leave to file a late notice of claim before expiration of the statute of limitations, and was granted a 30-day extension of time to do so, he did not avail himself of that opportunity and, by any calculation, the one-year-and-90-day statute of limitations then expired (see CPLR 217-a; General Municipal Law §§ 50-e [5]; 50-i [1]).

The motion court was not permitted to grant an extension after the statute of limitations...

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