MEDINA v. CITY OF NEW YORK (2009)

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered April 17, 2008, which dismissed plaintiff's complaint as barred by the statute of limitations, unanimously affirmed, without costs.

The commencement of this action was untimely (General Municipal Law § 50-i).   Plaintiff's objection that defendant's answer should be considered a nullity was effectively waived when he retained that responsive pleading for two months before moving to dismiss (see e.g. Rosenshein v. Ernstoff, 176 A.D.2d 686, 576 N.Y.S.2d 2 [1991] ).   He also failed to offer any evidence that defendant had induced him to delay bringing the action by misleading him into believing settlement negotiations were imminent.   There are no grounds for estopping defendant from asserting the statute of limitations (see e.g. Dowdell v. Greene County, 14 A.D.3d 750, 788 N.Y.S.2d 439 [2005];  Dailey v. Mazel Stores, 309 A.D.2d 661, 663-664, 766 N.Y.S.2d 178 [2003] ).