Practice point: CPLR 204(a) tolls the one-year and 90-day statute of limitations on tort claims against municipal defendants while a motion to serve a late notice of claim is pending.
Student note: Since plaintiffs were effectively prohibited from properly commencing their action when their initial application for leave to serve the late notice was pending, as well as when their second application for similar relief was pending, they were entitled to a toll for both periods.
Case: Ambrus v. City of New York , NY Dept. 2011
Tomorrow's issue: Yellowstone injunctions.
