Burg v. City of New York

OPINION OF THE COURT

Harold Hyman, J.

This motion by defendant, City of New York, to dismiss pursuant to CPLR 3211 (subd [a], par 5) contends that the action is time barred under section 50-i of the General Municipal Law. Plaintiffs cross-move to enforce a settlement allegedly entered into between the parties after commencement of the action, or alternatively, to dismiss the Statute of Limitations affirmative defense raised in defendant’s answer.

This action stems from an incident on July 11, 1978 in which plaintiff Mollie Burg sustained personal injuries resulting from defendant’s alleged…