Goyea v. Town of Bangor

Appeal from an order and judgment of the County Court of Franklin County (Plumadore, J.), entered January 8, 1988, which granted defendant’s motion to dismiss the complaint on the ground that it was not timely commenced.

As the result of an accident that allegedly occurred on December 8, 1984, this tort action was commenced by plaintiffs against defendant on or about August 29, 1986. This was concededly in violation of General Municipal Law § 50-i (1) (c), which requires an action against a municipality to be commenced "within one year and ninety days after the happening of the event upon…