Legal Opinion
Campbell v. City of New York
New York Court of Appeals
Decided February 17, 2005PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
The issue before us is whether the year-and-90-day period *202contained in General Municipal Law § 50-i is a statute of limitations (to which the tolling provision of CPLR 205 [a] applies) or a condition precedent to suit (which is a substantive limitation on the right to sue). We agree with plaintiff that section 50-i sets forth a statute of limitations, not a condition precedent.
On December 17, 1997, plaintiff was a wheelchair-bound passenger in a City of New York-owned van driven by a city corrections officer. According to plaintiff, his wheelchair was not…
2Cases cited9 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Giblin v. Nassau County Medical CenterNew York Court of Appeals · 1984
- Yonkers Contracting Co. v. Port Authority Trans-Hudson Corp.New York Court of Appeals · 1999
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3Cited by32 opinions
- Rose v. County of NassauDistrict Court, E.D. New York · 2012
- Coggins v. County of NassauDistrict Court, E.D. New York · 2013
- In Re DaytonDistrict Court, S.D. New York · 2011
- Coggins v. County of NassauDistrict Court, E.D. New York · 2017
- Goldstein v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
27 more not listed; retrieve them via the Exa API.