Legal Opinion
Joseph Francese, Inc. v. Enlarged City School District
New York Court of Appeals
Decided June 15, 2000PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
At issue in this appeal is construction of the Statute of Limitations tolling provision set forth in CPLR 204 (b), suspending the running of the period of limitations for a party who erroneously seeks to adjudicate a legal dispute through arbitration. In this case, plaintiff Joseph Francese, Inc., entered into an agreement with defendant Enlarged City School District of Troy in July 1991 to build a new elementary school. The parties incorporated into their agreement a standard American Institute of Architects “General Conditions of the Contract for Construction”…
2Cases cited5 opinions
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Lehman Bros. v. Hughes Hubbard & Reed, L. L. P.New York Court of Appeals · 1998
- In re the Arbitration between Enlarged City School District & Joseph Francese, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Joseph Francese, Inc. v. Enlarged City School DistrictAppellate Division of the Supreme Court of the State of New York · 1999
- Watkins v. Holiday Drive-Ur-Self, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
3Cited by13 opinions
- Malay v. City of SyracuseNew York Court of Appeals · 2015
- HSBC Bank USA, N.A. v. HillaireAppellate Division of the Supreme Court of the State of New York · 2026
- Hudson Towers Housing Co. v. VIP Yacht Cruises, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Arty v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Asaro v. GilpinAppellate Division of the Supreme Court of the State of New York · 2001
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