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GRAHAM v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
Dec 13, 1993

Ordered that the order is affirmed, without costs or disbursements.

Since the Public Housing Law requires that 30 days must elapse after service of a notice of claim before an action may be commenced (see, Public Housing Law ยง 157), the Statute of Limitations is tolled during that 30-day period (see, CPLR 204 [a]; Serravillo v New York City Tr. Auth., 51 A.D.2d 1027, affd 42 N.Y.2d 918). Accordingly, the plaintiff's action was timely commenced. Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.