Glamm v. City of Amsterdam

Mahoney, P. J., and Kane, J.,

dissent and vote to reverse in the following memorandum by Kane, J. Kane, J. (dissenting). We dissent. Since the tolling provisions of CPLR 205 apply to the period of limitation contained in section 50-i of the General Municipal Law for the commencement of an action against a municipality (Smith v Rensselaer County, 52 AD2d 384), plaintiffs commencement of this action within six months after the entry of the order of the Court of Appeals affirming the dismissal of his compensation claim was timely (Hotaling v General Elec. Co., 12 NY2d 310). Unlike the situation…