Cruz v. United Federation of Teachers

Order, Supreme Court, New York County (Donna M. Mills, J.), entered October 30, 2013, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without cost.

The motion court properly found that the action is time-barred since it was filed more than four months after plaintiff learned, in an October 25, 2012 letter from defendant, that her grievance concerning a salary adjustment was denied, that de fendant did not believe that her claim was meritorious, and that it would not pursue the matter at arbitration (see CPLR 217 [2] [a]).

Plaintiffs claim that the doctrine of…