Schiavone v. City of New York

In an action to recover damages for personal injuries, the defendant City of New York appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Jackson, J.), dated January 2, 1996, as denied its cross motion to dismiss the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed.

The Supreme Court erred in applying General Municipal Law § 205-e (2) so as to find that this action was timely commenced. The revival of claims arising under that statute applies only…