Legal Opinion
Bryant Avenue Tenants' Ass'n v. Koch
New York Court of Appeals
Decided March 24, 1988PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
The motions of defendants to dismiss the complaint for failure to state a cause of action (CPLR 3211 [a] [7]) were properly denied. The courts below correctly concluded that the complaint sufficiently pleads a cause of action under the Civil Rights Act (42 USC § 1983). Because the action was brought within the three-year limitations period of CPLR 214 (5), the claims under section 1983 are timely asserted (423 S. Salina St. v City of…
2Cases cited4 opinions
- Jones v. BermanNew York Court of Appeals · 1975
- Lakeland Water District v. Onondaga County Water AuthorityNew York Court of Appeals · 1969
- 423 South Salina Street, Inc. v. City of SyracuseNew York Court of Appeals · 1986
- Martin v. LavineNew York Court of Appeals · 1976
3Cited by15 opinions
- New York City Health & Hospitals Corp. v. McBarnetteNew York Court of Appeals · 1994
- City of New York v. MaulNew York Court of Appeals · 2010
- Ruiz v. Commissioner of Department of Transportation of City of New YorkCourt of Appeals for the Second Circuit · 1988
- Tindell v. KochAppellate Division of the Supreme Court of the State of New York · 1991
- Weimer v. City of JohnstownAppellate Division of the Supreme Court of the State of New York · 1998
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