Citation Numbers： 175 A.D.2d 113, 572 N.Y.S.2d 17, 1991 N.Y. App. Div. LEXIS 9775
Filed Date： 7/1/1991
Status： Precedential
Modified Date： 10/31/2024
— In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Gurahian, J.), dated December 13, 1989, which granted defendant’s motion to dismiss the complaint on the ground that action is time barred.
Ordered that the order is affirmed, with costs.
On April 29, 1988, the injured plaintiff, then an 18-year-old high school student, tripped and was injured while helping his gym teacher move some tables. Although a notice of claim (see, General Municipal Law § 50-e) was timely served, service of a summons and complaint was not effectuated until August 14, 1989, some 17 days after expiration of the Statute of Limitations (see, General Municipal Law § 50-i). In support of their claim of estoppel, the. plaintiffs note that, in a letter acknowledging receipt of the notice of claim, the defendant made an obviously erroneous reference to receipt of a summons and complaint. Further, the defendant demanded a