(DOWNLOAD) "Emma N. Zeitler v. City Rochester Et Al." by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Emma N. Zeitler v. City Rochester Et Al.
- Author : Supreme Court of New York
- Release Date : January 15, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
[32 A.D.2d 728 Page 728] 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 late. Normally such late service
upon the municipality would not be fatal because another statute (CPLR 203, subd. [b]) provides in substance that timely service
upon any one of two or more defendants, who are "united in interest" as to a claim, permanently deprives all co-defendants
of the defense of the Statute of Limitations (1 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 203.05). The defendants are
clearly "united in interest" by reason of the city's alleged vicarious liability based on an employer-employee relationship
(ibid, par. 203.06, pp. 2-45, 2-46 and cases there cited). The city contends, however, that section 50-i is here controlling
because of the further provision in subdivision 2 thereof that the time limitation (one year and 90 days) for commencement
of the action "shall be applicable notwithstanding any inconsistent provisions of law, general, special or local". This section
was added by chapter 788 of the Laws of 1959 as the result of a study by the Joint Legislative Committee on Tort Liability.
(Cf. Erickson v. Town of Henderson, 30 A.D.2d 282). The evil sought to be remedied was thus stated by the committee: "The
tolling provisions of section [32 A.D.2d 728 Page 72924]
 "Emma N. Zeitler v. City Rochester Et Al." by Supreme Court of New York * eBook PDF Kindle ePub Free){kind=link}