Priebe v. City of Canandaigua

OPINION OF THE COURT

Emmett J. Schnepp, J.

The sole question before the court for determination is whether plaintiffs’ action for wrongful death was required to *1048be commenced "within one year and ninety days after the happening of the event upon which the claim is based”, as provided by subdivision 1 of section 50-i of the General Municipal Law, or "within two years after the decedent’s death”, as provided by EPTL 5-4.1. The accident which resulted in the death of plaintiffs’ intestate occurred on January 19, 1975, while the action against the City of Canandaigua was commenced on January 14,…