Bellows v. County of Montgomery

Appellate Division of the Supreme Court of New York

Bellows v. County of Montgomery

42 A.D.2d 1020, 348 N.Y.S.2d 248, 1973 N.Y. App. Div. LEXIS 3326

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 25, 1973

StatusPublished

Cited by1 cases

This text of 42 A.D.2d 1020 (Bellows v. County of Montgomery) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bellows v. County of Montgomery, 42 A.D.2d 1020, 348 N.Y.S.2d 248, 1973 N.Y. App. Div. LEXIS 3326 (N.Y. Ct. App. 1973).

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Opinion

Appeal from an order of the Supreme Court at Special Term, entered May 17, 1971 in Montgomery County, which granted defendant’s motion to dismiss the complaint and from the judgment entered thereon. The action, commenced by service of a summons and complaint on January 11, 1971 to recover damages for blasting operations allegedly performed by defendant from September 1 through September 8, 1969, was properly dismissed since it was-not commenced within one year and 90 days after the happening of the event upon which the claim was based (General Municipal Law, § 50-i), the tolling provision afforded by CPLR 204 (subd. [a]) being inapplicable here (Bathbwn V. Village of Waverly, 35 A D 2d 227, 228). CPLR 203 (subd. [b], par. 5) is of no aid to plaintiffs since there is no proof that the summons was delivered to the Sheriff for service upon the defendant before the limitation period of section 50-i of the General Municipal Law had run (1 Weinstein-Korn-Miller, N. T. Civ. Prae., par. 203.18). Order and judgment affirmed, without costs. Staley, Jr., J, P., Greenblott, Cooke, Main and Reynolds, JJ., concur.

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Appeal from an order of the Supreme Court at Special Term, entered May 17, 1971 in Montgomery County, which granted defendant’s motion to dismiss the complaint and from the judgment entered thereon. The action, commenced by service of a summons and complaint on January 11, 1971 to recover damages for blasting operations allegedly performed by defendant from September 1 through September 8, 1969, was properly dismissed since it was-not commenced within one year and 90 days after the happening of the event upon which the claim was based (General Municipal Law, § 50-i), the tolling provision afforded by CPLR 204 (subd. [a]) being inapplicable here (Bathbwn V. Village of Waverly, 35 A D 2d 227, 228). CPLR 203 (subd. [b], par. 5) is of no aid to plaintiffs since there is no proof that the summons was delivered to the Sheriff for service upon the defendant before the limitation period of section 50-i of the General Municipal Law had run (1 Weinstein-Korn-Miller, N. T. Civ. Prae., par. 203.18). Order and judgment affirmed, without costs. Staley, Jr., J, P., Greenblott, Cooke, Main and Reynolds, JJ., concur.

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Bluebook (online)

42 A.D.2d 1020, 348 N.Y.S.2d 248, 1973 N.Y. App. Div. LEXIS 3326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellows-v-county-of-montgomery-nyappdiv-1973.

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