O'Donnell v. Troy Housing Authority
Court: Appellate Division of the Supreme Court of the State of New York; April 6, 2000; New York; State Appellate Court
An appeal was made regarding an order from the Supreme Court (Canfield, J.) that granted the defendant's motion for summary judgment, resulting in the dismissal of the plaintiff's complaint due to the failure to file within the statute of limitations outlined in General Municipal Law § 50-i. The plaintiff's infant son was injured on the defendant's property in September 1996, with a notice of claim served in November 1996. The complaint was filed on October 16, 1998. The Supreme Court ruled that the tolling provisions of CPLR 208 were not applicable since the infant was represented by legal counsel by November 14, 1996, thus barring the action as untimely. However, following this decision, the Court of Appeals reversed the precedent upon which the Supreme Court based its ruling (Henry v. City of New York, 94 NY2d 275). Consequently, the plaintiff argued, and the defendant conceded, that the summary judgment was incorrectly granted. The Court of Appeals affirmed that the tolling provisions of CPLR 208 are applicable, making the infant's action timely. The appellate court reversed the Supreme Court's order, denied the motion for summary judgment, and ruled without costs.