Zeitler v. City of Rochester

Order unanimously reversed, with costs and disbursements, and motion to dismiss complaint as to defendant, City of Rochester, denied. Memorandum: The statute (General Municipal Law, § 50-i, subd. 1, par. [c]) provides that an action such as this must be commenced within “ one year and ninety days after the happening of the event upon which the claim is based.” The pertinent date of the event herein was January 23, 1966. The summons and complaint were timely served (April 17, 1967) upon the individual defendant but it is not disputed that service on the city on April 25, 1967 was two days…