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VINIELLO v. NEW YORK CITY HEALTH & HOSPS. CORP.

Index No. 805054/17. Appeal No. 13455. Case No. 2019-04322.

192 A.D.3d 649 (2021)

2021 NY Slip Op 01957

Tom Viniello, Respondent, v. New York City Health and Hospitals Corporation, Appellant.

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

Decided March 30, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( Jesse A. Townsend of counsel), for appellant.

Pollack Pollack Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

Concur—Gische, J.P., Singh, Scarpulla, Mendez, JJ.

Defendant met its prima facie burden of demonstrating that the complaint was filed after the one-year and 90-day limitations period expired with respect to any conduct occurring before August 2015—even excluding the time during which the motion for leave to serve a late notice of claim was pending (see Matter of Jordan v City of New York, 38 A.D.3d 336, 338 n 1 [1st Dept 2007]).

In opposition, plaintiff failed to meet...

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