Gamble v. City of New York

Appellate Division of the Supreme Court of New York

Gamble v. City of New York

195 A.D.2d 441, 601 N.Y.S.2d 813, 1993 N.Y. App. Div. LEXIS 7010

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

DecidedJuly 6, 1993

StatusPublished

Cited by1 cases

This text of 195 A.D.2d 441 (Gamble v. City of New York) 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

Gamble v. City of New York, 195 A.D.2d 441, 601 N.Y.S.2d 813, 1993 N.Y. App. Div. LEXIS 7010 (N.Y. Ct. App. 1993).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendant New York City Housing Authority appeals from so much of an order of the Supreme Court, Kings County (Bernstein, J.), dated April 24, 1991, as denied its motion to dismiss the first, third, and fourth causes of action asserted in the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the applicable one-year period of limitation was tolled by virtue of Public Housing Law § 157 (1), and that when that toll was applied, the plaintiff’s service of her complaint was timely (see, Rice v New York City Hous. Auth., 149 AD2d 495; CPLR 204 [a]; 215 [442]*442[3]; cf., Burgess v Long Is. R. R., 79 NY2d 777, 778; Andersen v Long Is. R. R., 59 NY2d 657; Niemczyk v Pawlak, 76 AD2d 84; Rose v Metro N. Commuter R. R., 143 AD2d 993).

The appellants’ remaining contention is without merit. Thompson, J. P., Miller, Santucci and Joy, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries, the defendant New York City Housing Authority appeals from so much of an order of the Supreme Court, Kings County (Bernstein, J.), dated April 24, 1991, as denied its motion to dismiss the first, third, and fourth causes of action asserted in the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the applicable one-year period of limitation was tolled by virtue of Public Housing Law § 157 (1), and that when that toll was applied, the plaintiff’s service of her complaint was timely (see, Rice v New York City Hous. Auth., 149 AD2d 495; CPLR 204 [a]; 215 [442]*442[3]; cf., Burgess v Long Is. R. R., 79 NY2d 777, 778; Andersen v Long Is. R. R., 59 NY2d 657; Niemczyk v Pawlak, 76 AD2d 84; Rose v Metro N. Commuter R. R., 143 AD2d 993).

The appellants’ remaining contention is without merit. Thompson, J. P., Miller, Santucci and Joy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

195 A.D.2d 441, 601 N.Y.S.2d 813, 1993 N.Y. App. Div. LEXIS 7010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gamble-v-city-of-new-york-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack