Le Conte v. City of New York

OPINION OF THE COURT

Alan LeVine, J.

This is a motion by defendant City of New York to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the grounds that this action is time barred, or in the alternative, granting summary judgment.

Plaintiff opposes the application and cross-moves for leave to serve a supplemental summons.

This action arises out of a motor vehicle accident which occurred on July 26, 1982 and which plaintiffs allege was caused by a hazardous roadway and center divider located on the Interboro Parkway.

The Statute of Limitations applicable herein is one year and 90 days as set…