Opinion
2002-08879
Submitted May 21, 2003.
June 16, 2003.
In an action to recover damages for personal injuries, the defendant Stan Brzezinski appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated May 2, 2002, as denied his cross motion to dismiss the complaint insofar as asserted against him pursuant to CPLR 3211(a)(5).
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Stephen J. McGrath of counsel), for appellant.
Bruce S. Reznick (Pollack, Pollack, Isaac De Cicco, New York, N.Y. [Brian J. Isaac] of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, LEO F. McGINITY, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaning defendants is severed.
The appellant, a firefighter employed by the City of New York, was entitled to the benefit of the abbreviated statutory period of limitation set forth in General Municipal Law § 50-i (see Baez v. New York City Health Hosps. Corp., 80 N.Y.2d 571; DeGradi v. Coney Is. Med. Group, 172 A.D.2d 582). Since the action was not commenced within one year and 90 days of the accrual of the plaintiff's cause of action, the cross motion to dismiss the complaint as time-barred insofar as asserted against the appellant should have been granted.
RITTER, J.P., FEUERSTEIN, McGINITY, TOWNES and COZIER, JJ., concur.