[*1]
Pierre v City of New York
2005 NYSlipOp 50897(U)
Decided on June 13, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on June 13, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. PHYLLIS GANGEL-JACOB, Justices.
x

Leone Louis Pierre, 570707/04 Plaintiff-Appellant,

against

City of New York, Defendant-Respondent. x


Plaintiff appeals from an order of the Civil Court, New York County, entered June 30, 2004 (Cynthia S. Kern, J.) which granted defendant's motion to dismiss the action as time-barred.


PER CURIAM:

Order entered June 30, 2004 (Cynthia S. Kern, J.) affirmed, without costs.

Although 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. CPLR 201 prohibits the court from extending the governing statute of limitations (General municipal Law § 50-i), which is strictly construed (Galloway v. New York City Police Dept., 7 AD3d 444, 445 [2004]).

This constitutes the decision and order of the court.
I concur.
I concur.
I concur. [*2]
Decision Date: June 13, 2005