YMAJ v. Jones Lang Lasalle Inc., et al., Defendants-Appellants. (2024)

Supreme Court, Appellate Division, First Department, New York.

Sadri YMAJ, et al., Plaintiffs-Respondents, v. EMPIRE STATE REALTY TRUST, INC., et al., Defendants, Jones Lang Lasalle Inc., et al., Defendants-Appellants.

3002

Decided: November 12, 2024

Manzanet–Daniels, J.P., Pitt–Burke, Rosado, O'Neill Levy, Michael, JJ.

Sobel Pevzner, LLC, Huntington (Judy R. Meisel of counsel), for Jones Lang Lasalle Inc., appellant. Malaby & Bradley LLC, New York (Richard L. Mendelsohn of counsel), for Dever Properties, LLP and SL Green Realty Corp., appellants. Pollack, Pollack, Isaac & DeCicco, LLP, New York (Joshua Block of counsel), for respondents.

Order, Supreme Court, New York County (Lisa A. Headley, J.), entered February 14, 2023, which, insofar as appealed from as limited by the briefs, denied the motions of defendants Jones Lang La Salle Inc., Dever Properties, LLC and SL Green Realty Corp. to dismiss the complaint based on the statute of limitations, unanimously affirmed, without costs.

This Court has held that Executive Order 202.8 and its extensions tolled, rather than suspended, the statute of limitations (see Suber v. Churchill Owners Corp., 228 A.D.3d 414, 415, 214 N.Y.S.3d 1 [1st Dept. 2024]; Allen v. Thompson, 224 A.D.3d 565, 568, 203 N.Y.S.3d 612 [1st Dept. 2024]), and we have declined to revisit that holding (see People v. Trump, 217 A.D.3d 609, 611, 192 N.Y.S.3d 95 [1st Dept. 2023]). Here, plaintiff was injured on September 11, 2018, and in applying a tolling rather than a suspension, the action was timely when initiated prior to April 27, 2022, an extension of 228 days. There is no dispute that the action was commenced on January 4, 2022, and thus, it is timely.

We have considered defendants’ remaining arguments and find them unavailing.

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