Legal Opinion
Hartnett v. New York City Transit Authority
New York Court of Appeals
Decided October 26, 1995PublishedCited by 44 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
These combined appeals present two issues: the appro priate Statute of Limitations applicable to actions commenced under Labor Law § 27-a, the Public Employee Safety and Health Act (PESHA), and whether the Commissioner of Labor is precluded from bringing a lawsuit under PESHA where the complaining employee failed to file a complaint with the Commissioner within the 30-day time period prescribed in Labor Law § 27-a (10) (b). The action in Hartnett I should be dismissed as time-barred since the three-year Statute of Limitations of CPLR 214 (2) applies to PESHA…
2Cases cited13 opinions
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- International Union of Electrical, Radio & MacHine Workers v. Robbins & Myers, Inc.Supreme Court of the United States · 1976
- Solnick v. WhalenNew York Court of Appeals · 1980
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- Press v. County of MonroeNew York Court of Appeals · 1980
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3Cited by44 opinions
- Copantitla v. Fiskardo Estiatorio, Inc.District Court, S.D. New York · 2011
- Williams v. City of New YorkNew York Court of Appeals · 2004
- Spicer v. Pier Sixty LLCDistrict Court, S.D. New York · 2010
- Allison Gammons v. City of New YorkNew York Court of Appeals · 2014
- New York v. Niagara Mohawk Power Corp.District Court, W.D. New York · 2003
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