Legal Opinion
Bango v. Gouverneur Volunteer Rescue Squad, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2012PublishedCited by 9 opinions
1Opinion of the CourtMcCarthy, J.
*1557Supreme Court properly dismissed the complaint against defendant as time-barred. A four-month statute of limitations applies if the gravamen of plaintiffs action and the relief sought may be properly addressed in a CPLR article 78 proceeding (see Walton v New York State Dept. of Correctional Servs., 8 NY3d 186, 194 [2007]; Wechsler v State of New York, 284 AD2d 707, 708 [2001], lv denied 97 NY2d 607 [2001]; see also CPLR 217). Although plaintiff now attempts to label his allegations against defendant as sounding in breach of contract and only seeking monetary damages, the complaint seeks…
2Cases cited5 opinions
- Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2007
- Gray v. Canisius CollegeAppellate Division of the Supreme Court of the State of New York · 1980
- Dormer v. Suffolk County Police Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 2012
- Wechsler v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Belmonte v. Saratoga Youth Hockey, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by9 opinions
- Doyle v. Goodnow Flow Assn., Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of American University of Antigua v. CGFNS InternationalAppellate Division of the Supreme Court of the State of New York · 2015
- Astiz v. Canisius Coll.Appellate Division of the Supreme Court of the State of New York · 2024
- Laker v. Association of Prop. Owners of Sleepy Hollow Lake, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
- Northern Electric Power Co. v. Hudson River-Black River Regulating DistrictAppellate Division of the Supreme Court of the State of New York · 2014
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