Galloway v New York City Police Dept.
2004 NY Slip Op 04122 [7 AD3d 444]
May 25, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 28, 2004


Henry Galloway, Appellant,
v
New York City Police Department, Respondent.

[*1]

Order, Supreme Court, New York County (Michael D. Stallman, J.), entered on or about October 17, 2002, which denied the petition and dismissed the proceeding for lack of jurisdiction, unanimously affirmed, without costs.

Even though a notice of claim was timely filed, no complaint was filed or served on the City in the year and 90 days following the alleged personal injury. This statute of limitations (General Municipal Law § 50-i) is strictly construed (DeGradi v Coney Is. Med. Group, 172 AD2d 582 [1991], lv denied 78 NY2d 860 [1991]; see also Pierson v City of New York, 56 NY2d 950 [1982]). We have considered petitioner's remaining arguments and find them unavailing. Concur—Nardelli, J.P., Andrias, Ellerin and Friedman, JJ.