Chin v. Bowen

OPINION

EDWARD WEINFELD, District Judge.

Defendants Peter DiSturco, Regional Commissioner of the Social Security Administration (“SSA”), and unknown named employees of the SSA move to dismiss the constitutional tort claim of plaintiff Kathleen Chin on the ground, inter alia, that it was not brought within the statute of limitations. At issue is whether to apply New York’s three year statute of limitations for actions based upon a liability imposed or created by a statute, 1 or the six year “catch-all” provision for causes of action for which no limitation is specifically prescribed. 2

Chin,…