Delta Chemical Manufacturing Co. v. Department of General Services

Kupferman, J. P.,

dissents in part and concurs in part in a memorandum as follows: While I would agree that there is no impediment to a plenary action inasmuch as the article 78 proceeding provided the necessary timely notice of claim, I see no need to commence a separate plenary action. (See CPLR 103, subd [c]; Matter of Concord Realty Co. v City of New York, 30 NY2d 308, 314.) In any event, I would affirm on the opinion of Greenfield, J., at Special Term. [106 Misc 2d 617.]