Mercer v. City of Mount Vernon

—In an action, inter alia, to recover damages for malicious prosecution, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Colabella, J.), dated November 22, 1994, which granted the defendant’s motion for summary judgment and dismissed the complaint.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly dismissed the complaint as untimely inasmuch as the action was not commenced within the applicable Statute of Limitations. Contrary to the plaintiffs contention, the limitations period was not tolled by either…