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Davis v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 2004
11 A.D.3d 254 (N.Y. App. Div. 2004)

Opinion

4242

October 12, 2004.

Order, Supreme Court, New York County (Faviola A. Soto, J.), entered on or about May 19, 2003, which, in an action for personal injuries, inter alia, granted defendant's cross motion to dismiss the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about July 21, 2003, which denied plaintiff's motion denominated as one to renew and reargue, deemed to be an appeal from an order denying a motion only for reargument, and, so considered, unanimously dismissed, without costs.

Before: Buckley, P.J., Nardelli, Andrias, Saxe and Lerner, JJ.


Assuming in plaintiff's favor that he timely filed a proper notice of claim, the action would still have to be dismissed since it was not commenced within a year and 90 days after the happening of the events on which the claim is based (General Municipal Law § 50-i). We view plaintiff's subsequent motion to renew or reargue as one simply for reargument, the denial of which is not appealable, since it did not present any new facts ( see Lichtman v. Mount Judah Cemetery, 269 AD2d 319, 320).


Summaries of

Davis v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 2004
11 A.D.3d 254 (N.Y. App. Div. 2004)
Case details for

Davis v. City of New York

Case Details

Full title:WASHINGTON DAVIS, Appellant, v. CITY OF NEW YORK, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 12, 2004

Citations

11 A.D.3d 254 (N.Y. App. Div. 2004)
782 N.Y.S.2d 908

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