Legal Opinion

Rosenshein v. Board of Education of City School District of City of New Rochelle

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1985PublishedCited by 2 opinions

1Opinion of the Court

Petitioner urges us not to apply the four-month Statute of Limitations period to this proceeding because he claims that such an application would violate the strong public policy against unfair bidding practices for public contracts. While we fully agree with the aforementioned policy considerations, our *771adoption of petitioner’s line of reasoning would emasculate the Statute of Limitations, allowing anyone to avoid the effect of the limitation period’s running merely by alleging a violation of public policy. Since the instant proceeding was not commenced until more than six months after the…

2Cases cited2 opinions

  1. Allen v. EberlingAppellate Division of the Supreme Court of the State of New York · 1965
  2. Carroll-Ratner Corp. v. City Manager of New RochelleNew York Supreme Court · 1967

3Cited by2 opinions

  1. Harris v. Town of MendonAppellate Division of the Supreme Court of the State of New York · 2001
  2. Page v. MacchiarolaAppellate Division of the Supreme Court of the State of New York · 1987

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