Mourato v. Suffolk County Water Auth.

2018 NY Slip Op 1912

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 21, 2018
• Docket: 2016-12346
• Status: Published

Opinion

Mourato v Suffolk County Water Auth. (2018 NY Slip Op 01912)

Mourato v Suffolk County Water Auth.

2018 NY Slip Op 01912

Decided on March 21, 2018

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 21, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.

2016-12346
(Index No. 21142/15)

[*1]Clarimundo Mourato, appellant,

v

Suffolk County Water Authority, respondent.

Bruce E. Cohen & Associates, P.C., Melville, NY, for appellant.

White Fleischner & Fino, LLP, New York, NY (Alisa Dultz of counsel), for respondent.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Pastoressa, J.), dated September 29, 2016, which granted the defendant's motion pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred.

ORDERED that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the statute of limitations was not tolled during the period between the defendant's demand for a hearing pursuant to General Municipal Law § 50-h and that hearing (see Baez v New York City Health & Hosps. Corp., 80 NY2d 571, 577; Mayayev v Metropolitan Transp. Auth. Bus, 74 AD3d 910, 911; Mignott v New York City Health & Hosps. Corp., 250 AD2d 165, 171). Accordingly, the Supreme Court properly granted the defendant's motion pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred.

MASTRO, J.P., BALKIN, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court