Simone v. City of New York

Full title: DIANE DE SIMONE, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK…

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

Date published: Jul 27, 1987

132 A.D.2d 687 (N.Y. App. Div. 1987)

Opinion

July 27, 1987

Appeal from the Supreme Court, Queens County (Bambrick, J.).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court, Queens County, that since the Statute of Limitations had expired, it lacked the authority to grant the plaintiff's request to amend nunc pro tunc the prior order of the court, dated January 31, 1980 (see, Thomas v. City of New York, 102 A.D.2d 867; cf., Lewis v. New York City Tr. Auth., 100 A.D.2d 896). In light of the record on appeal we reach no other issues raised by the parties. Lawrence, J.P., Kunzeman, Kooper and Spatt, JJ., concur.