Kowalski v. County of Erie

Appellate Division of the Supreme Court of New York

Kowalski v. County of Erie

197 A.D.2d 871, 604 N.Y.S.2d 870, 1993 N.Y. App. Div. LEXIS 9264

Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1993·Published

Opinion

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted defen[872] dant’s motion to dismiss the complaint (see, CPLR 3211 [a] [5]). Plaintiff’s action had been dismissed for failure to comply with defendant’s demand for an oral examination pursuant to General Municipal Law § 50-h (see, Kowalski v County of Erie, 170 AD2d 950, lv denied 78 NY2d 851). The new action, commenced more than six months after the prior action was terminated, was time-barred (see, CPLR 205 [a]). (Appeal from Order of Supreme Court, Erie County, Forma, J.—Dismiss Complaint.) Present—Green, J. P., Pine, Lawton, Fallon and Davis, JJ.

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—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted defen[872] dant’s motion to dismiss the complaint (see, CPLR 3211 [a] [5]). Plaintiff’s action had been dismissed for failure to comply with defendant’s demand for an oral examination pursuant to General Municipal Law § 50-h (see, Kowalski v County of Erie, 170 AD2d 950, lv denied 78 NY2d 851). The new action, commenced more than six months after the prior action was terminated, was time-barred (see, CPLR 205 [a]). (Appeal from Order of Supreme Court, Erie County, Forma, J.—Dismiss Complaint.) Present—Green, J. P., Pine, Lawton, Fallon and Davis, JJ.

Kowalski v. County of Erie, 197 A.D.2d 871, 604 N.Y.S.2d 870, 1993 N.Y. App. Div. LEXIS 9264 (N.Y. Ct. App. 1993).

Pincite

197 A.D.2d 871 (Kowalski v. County of Erie) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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