Legal Opinion
Miller v. Rochester Firefighters Ass'n
Rochester City Court
Decided December 2, 1994Published
1Opinion of the Court
OPINION OF THE COURT
Joseph D. Valentino, J.
The defendant moves for summary judgment dismissing plaintiffs claim because the action is barred by the four-month Statute of Limitations (CPLR 217 [2] [a]). The plaintiff argues that even if the Statute of Limitations has expired, it nevertheless has a contractual claim worthy of the application of the six-year Statute of Limitations (CPLR 213).
FACTS
Plaintiff, Ernest Miller, has been an employee of the Rochester Fire Department since 1968. The defendant is a labor organization designated as the exclusive bargaining agent for the fire department.…
2Cases cited14 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
- Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
- Kuehne & Nagel, Inc. v. BaidenNew York Court of Appeals · 1975
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