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Millin-Hall v. City of New York

293 A.D.2d 354 Court N.Y. App. Div. Decision date 2002-04-18 English

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p. 354
Barbara Millin-Hall, Respondent, v City of New York, Defendant, and New York City School Construction Authority et al., Appellants.
[740 NYS2d 209]

Order, Supreme Court, Bronx County (Paul Victor, J.), entered on or about April 27, 2001, which denied defendants-appellants’ motion to dismiss the action pursuant to CPLR 3211 (a) (5) as time-barred, unanimously affirmed, without costs.

Denial of appellants’ motion to dismiss the action as time-barred was proper. Plaintiff’s deposition testimony, her affidavit in opposition to the motion and her medical records, when viewed in the light most favorable to her (see, Cron v Hargro Fabrics, 91 NY2d 362 , 366), indicate that she has a timely toxic tort claim. Concur—Mazzarelli, J.P., Saxe, Rosenberger, Ellerin and Marlow, JJ.

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