Legal Opinion
Elite Associates, Inc. v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Decided June 4, 2001Published
1Opinion of the Court
—In an action, inter alia, for a judgment declaring *299that a stipulation of discontinuance in an earlier action is null and void, the defendant appeals from an order of Supreme Court, Suffolk County (Oshrin, J.), dated June 28, 2000, which denied its motion pursuant to CPLR 3211 (a), to dismiss the complaint as time-barred.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The Supreme Court erred in determining the accrual date for the running of the Statute of Limitations. Pursuant to Education Law § 3813 (2-b), an action against a…
2Cases cited5 opinions
- Ely-Cruikshank Co. v. Bank of MontrealNew York Court of Appeals · 1993
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- Aetna Life & Casualty Co. v. NelsonNew York Court of Appeals · 1986
- Feit v. Emons Industries, Inc.New York Supreme Court · 1983
- Krauz v. Commack Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1994