Opinion
02-07-2017
JAE HEE CHUNG, Plaintiff–Respondent, v. MARY MANNING WALSH NURSING HOME CO., INC., et al., Defendants–Appellants.
Bond, Schoeneck & King, PLLC, Garden City (Richard S. Finkel of counsel), for appellants. Gligoric C. Garupa, Brentwood, for respondent.
Bond, Schoeneck & King, PLLC, Garden City (Richard S. Finkel of counsel), for appellants.
Gligoric C. Garupa, Brentwood, for respondent.
TOM, J.P., RENWICK, SAXE, FEINMAN, GESMER, JJ.
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered August 18, 2015, which, insofar as appealed from as limited by the briefs, denied defendants' CPLR 3211(a) motion to dismiss the complaint, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
In September 2013, defendants, plaintiff, and plaintiff's union entered into a "Settlement Agreement" resolving a grievance proceeding brought by the union regarding her separation from employment in January 2012. Among other provisions, in the Settlement Agreement, the parties agreed that plaintiff would be deemed to have resigned on January 8, 2012. Since plaintiff makes no claim that the Settlement Agreement is invalid (see generally Hallock v. State of New York, 64 N.Y.2d 224, 230, 485 N.Y.S.2d 510, 474 N.E.2d 1178 [1984] ; 34 Funding Assoc., Inc. v. Pollak, 26 A.D.3d 182, 182, 811 N.Y.S.2d 352 [1st Dept.2006] ), it thus fixes the date of her separation from employment at January 8, 2012 (see Matter of Miller v. New York State Dept. of Correctional Servs., 69 N.Y.2d 970, 972, 516 N.Y.S.2d 659, 509 N.E.2d 354 [1987], affg. for reasons stated at 126 A.D.2d 831, 831–832, 510 N.Y.S.2d 745 [3d Dept.1987] ; Gant v. Brooklyn Dev. Ctr., 307 A.D.2d 307, 308, 762 N.Y.S.2d 507 [2d Dept.2003] ). Defendants' assertion of the Settlement Agreement's terms via motion in response to the complaint renders this a "proceeding to enforce [its] terms" as stipulated therein (see Commissioners of State Ins. Fund v. Fortune Interior Dismantling Corp., 7 A.D.3d 427, 328, 777 N.Y.S.2d 436 [1st Dept.2004] ; Fishof v. Grajower, 262 A.D.2d 118, 120, 691 N.Y.S.2d 507 [1st Dept.1999] ).
Since plaintiff filed the complaint in this action on January 17, 2015, more than three years after the stipulated date of her resignation, her claims under the New York State and City Human Rights Laws are time-barred under the applicable three-year limitations periods (see CPLR 214[2] ; Administrative Code of City of NY § 8–502[d]; Santiago–Mendez v. City of New York, 136 A.D.3d 428, 428, 26 N.Y.S.3d 514 [1st Dept.2016] ).