Legal Opinion
Reilly v. Garden City Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 2011PublishedCited by 1 opinion
1Opinion of the Court
*1076Contrary to the plaintiffs’ contention, the defendant timely moved to dismiss the complaint, inter alia, on the ground that the action was time-barred (see CPLR 3211 [e]; Matter of Abramov v Board of Assessors, Town of Hurley, 257 AD2d 958, 960 [1999]; cf. Dougherty v City of Rye, 63 NY2d 989, 991-992 [1984]; Lipman v Vebeliunas, 39 AD3d 488, 490 [2007]; Fade v Pugliani/Fade, 8 AD3d 612, 614 [2004]).
The Supreme Court erred in determining that the notices of claim filed by the plaintiffs were untimely, and that the action was time-barred (see General Municipal Law § 50-e [1] [a]; § 50-i [1]).…
2Cases cited25 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Howell v. New York Post Co.New York Court of Appeals · 1993
- Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993
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3Cited by1 opinion
- Mackey v. Lawrence Union Free Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2024