Porcaro v. Town of Beekman, 2004-00389.
Decision Date | 07 February 2005 |
Docket Number | 2004-00389. |
Parties | BEN PORCARO et al., Appellants, v. TOWN OF BEEKMAN, Respondent, et al., Defendants. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant Town of Beekman met its initial burden of demonstrating that the plaintiffs' first and third causes of action were time-barred (see General Municipal Law § 50-i; Town of Hempstead v Lizza Indus., 293 AD2d 739, 740 [2002]). The plaintiffs' contention that the Town's failure to repair or replace the subject sewage facilities amounted to a continuous wrong so as to toll the limitations period is without merit (see Klein v City of Yonkers, 53 NY2d 1011 [1981]; Nebbia v County of Monroe, 92 AD2d 724, 725 [1983]). Although General Municipal Law § 50-e (5) permits a court to grant an application to extend the time in which to serve a notice of claim, the court may not entertain such a request filed after the one year and 90-day statute of limitations has expired (see Schwinghammer v Sullivan W. Cent. School Dist., 2 AD3d 1126 [2003]; Lopez v Brentwood Union Free School Dist., 149 AD2d 474 [1989]).
As to the plaintiffs' second cause of action regarding improper sewer rents, the complaint, affidavits, and documentary evidence are devoid of factual allegations sufficient to state a cause of action (see CPLR 3211 [a] [7]).
The plaintiffs' remaining contentions are without merit.
To continue reading
Request your trial-
Sr. v. County Of Nassau
...and ninety-day statute of limitation period for bringing tort claims against a municipality has expired. Porcaro v. Town of Beekman, 15 A.D.3d 377, 790 N.Y.S.2d 58, 59 (App.Div.2005); Lanphere v. County of Washington, 301 A.D.2d 936, 754 N.Y.S.2d 125, 126 (App.Div.2003). 10 Furthermore, lat......
-
Harrington v. Cnty. of Suffolk
...66 A.D.3d at 836–837, 886 N.Y.S.2d 615;Jensen v. City of New York, 288 A.D.2d 346, 347, 734 N.Y.S.2d 88;Porcaro v. Town of Beekman, 15 A.D.3d 377, 378, 790 N.Y.S.2d 58). Accordingly, the Supreme Court properly granted that branch of the defendants' motion which was to dismiss the complaint ......
- Pellegrino v. A.C. and S., Inc.
-
MacLeod v. County of Nassau, 2008 NY Slip Op 33605(U) (N.Y. Sup. Ct. 9/16/2008)
...such a request filed after the one year and 90-day statute of limitations has expired [citations omitted] (Porcaro v. Town of Beekman, 15 A.D.3d 377, 378, 790 N.Y.S.2d 58 [2005]. Accordingly, the motion is denied in all So ordered. ...