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T.K. JEWELRY INC. v. CITY OF NEW YORK

283 A.D.2d 170 (2001)

724 N.Y.S.2d 590

T.K. JEWELRY INC. et al., Appellants, v. CITY OF NEW YORK, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 1, 2001.

We reject plaintiffs' excuse for not commencing the action within the one year and 90-day limitations period (General Municipal Law § 50-i [1] [c]), as extended for a period of approximately one month during the pendency of their application for leave to serve a late notice of claim (see, CPLR 204 [a]; Giblin v Nassau County Med. Ctr., 61 N.Y.2d 67, 72). The CPLR 204 (a) toll that plaintiffs enjoyed lasted only until...

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