Legal Opinion

Balogh v. Civil Service Employees Ass'n

New York Supreme Court

Decided January 5, 2011Published

1Opinion of the Court

OPINION OF THE COURT

Michael C. Lynch, J.

By notice of motion returnable April 27, 2010, defendant seeks an order pursuant to CPLR 3211 (a) (5) dismissing this action as barred by the statute of limitations. Plaintiff has opposed the application and filed a separate motion returnable May 7, 2010, seeking an order pursuant to CPLR 305 (c) amending her summons nunc pro tunc. Oral argument was held on September 28, 2010.

Plaintiffs underlying action is premised on purported violations of the New York State Human Rights Law and negligence attendant her demotion on March 13, 2007. Each of these…

2Cases cited6 opinions

  1. Scott v. UljanovNew York Court of Appeals · 1989
  2. Tobia v. Town of RocklandAppellate Division of the Supreme Court of the State of New York · 1984
  3. Tamburo v. P & C Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
  4. Anderson v. MonticupAppellate Division of the Supreme Court of the State of New York · 1986
  5. Coleman v. VansteenAppellate Division of the Supreme Court of the State of New York · 1996

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