Bacalokonstantis v. Nichols

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Queens County (Lerner, J.), dated March 20, 1987, which denied their motion to dismiss the affirmative defense of the defendants New York City Depart*483ment of Environmental Protection (hereinafter DEP) and the City of New York (hereinafter City) that this action was not timely commenced pursuant to General Municipal Law § 50-i and granted the City’s cross motion for summary judgment dismissing the complaint insofar as it is asserted against the DEP and the City, and (2) an…