Koerner v. State of New York
New York Court of Appeals
POINTS OF COUNSEL I. The Court of Appeals has jurisdiction over this appeal. II. The court below incorrectly upheld the dismissal of the complaint as untimely. (Murphy v American Home Prods. Corp., 58 NY2d 293; Cheselka v Eastern Air Lines, 93 Mise 2d 219; Matter of State Dept, of Correctional Servs. v State Div. of Human Rights, 88 AD2d 1061.) III. The courts below incorrectly dismissed appellant’s cause of action for lack of subject matter jurisdiction.
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POINTS OF COUNSEL I. The Court of Appeals has jurisdiction over this appeal. II. The court below incorrectly upheld the dismissal of the complaint as untimely. (Murphy v American Home Prods. Corp., 58 NY2d 293; Cheselka v Eastern Air Lines, 93 Mise 2d 219; Matter of State Dept, of Correctional Servs. v State Div. of Human Rights, 88 AD2d 1061.) III. The courts below incorrectly dismissed appellant’s cause of action for lack of subject matter jurisdiction. (Bowen v State Bd. of Social Welfare, 55 AD2d 235, 45 NY2d 402; City of Schenectady v State Div. of Human Rights, 37 NY2d 421; Board…
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
This appeal concerns the nature of the procedural limitations applicable to civil actions brought against the State pursuant to the Human Rights Law (Executive Law, art 15). Specifically, we are asked to determine what Statute of Limitations is applicable to such claims, and whether the plaintiff in such actions must pursue a claim for monetary relief in the Court of Claims.
Plaintiff applied for a position as a food service worker at the Pilgrim State Psychiatric Center, a facility under the jurisdiction of the New York State Department of Mental Hygiene. He…
2Cases cited12 opinions
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Solnick v. WhalenNew York Court of Appeals · 1980
- Press v. County of MonroeNew York Court of Appeals · 1980
- Psaty v. DuryeaNew York Court of Appeals · 1954
- City of Schenectady v. State Division of Human RightsNew York Court of Appeals · 1975
7 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
- New York City Health & Hospitals Corp. v. McBarnetteNew York Court of Appeals · 1994
- Sotomayor v. City of New YorkDistrict Court, E.D. New York · 2012
- Aetna Life & Casualty Co. v. NelsonNew York Court of Appeals · 1986
- Betty L. Kimmel v. State of New YorkNew York Court of Appeals · 2017
69 more not listed; retrieve them via the Exa API.