Legal Opinion
35 Park Avenue, Inc. v. City of New York
Appellate Terms of the Supreme Court of New York
Decided May 23, 1969PublishedCited by 2 opinions
1Per curiam
In view of the strong public policy in this State against payment by public bodies of claims barred by the Statute of Limitations (N. Y. Const., art. Ill, § 19; Court of Claims Act, § 12, subd. 2; General City Law, § 20, subd.. 5; Administrative Code of City of New York, § 93d-3.0; Matter of City of New York [ElmSt.], 239 N. Y. 220, 229; Matter of Huie [McElligott], 7 A D 2d 599; Matter of Long Is. R. R., 174 Misc. 1037, affd. 261 App. Div. 914), we find the acknowledgment of the debt by the city department after the Statute of Limitations had run to be an impermissible waiver of the Statute…
2Cases cited4 opinions
- Matter of City of New York (Elm Street)New York Court of Appeals · 1924
- George C. Diehl, C. E., Inc. v. City of LackawannaAppellate Division of the Supreme Court of the State of New York · 1931
- George C. Diehl, C. E., Inc. v. City of LackawannaNew York Court of Appeals · 1932
- In re Long Island RailroadNew York Supreme Court · 1940
3Cited by2 opinions
- Arnell Construction Corp. v. Village of North TarrytownAppellate Division of the Supreme Court of the State of New York · 1984
- Parsons v. Department of TransportationNew York Supreme Court · 1973