Legal Opinion
Klein v. City of Yonkers
New York Court of Appeals
Decided June 9, 1981PublishedCited by 54 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Section 50-i of the General Municipal Law requires that an action against a municipality for personal injury or property damage be commenced within one year and 90 days after “the happening of the event upon which the claim is based.” In Erickson v Town of Henderson (30 AD2d 282), a wrongful death case, this language was held to bar an action commenced more than one year and 90 *1013days after the happening of the event causing death (30 AD2d, at p 286) even though the court acknowledged that under an accrual rule the action would have been timely (30 AD2d, at p 284). Since…
3Cases cited5 opinions
- Erickson v. Town of HendersonAppellate Division of the Supreme Court of the State of New York · 1968
- Doyle v. 800, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Phillips v. Village of WaterfordAppellate Division of the Supreme Court of the State of New York · 1975
- Cota v. Madison Central School DistrictNew York Supreme Court · 1977
- Cota v. Madison Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1978
4Cited by54 opinions
- Kiernan v. ThompsonNew York Court of Appeals · 1988
- Maurice Rapf and Carl Hansen v. Suffolk County of New YorkCourt of Appeals for the Second Circuit · 1985
- Bloomingdales, Inc. v. New York City Transit AuthorityNew York Court of Appeals · 2009
- Smith v. Town of Long LakeAppellate Division of the Supreme Court of the State of New York · 2007
- Nebbia v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1983
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