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Matter of County of Rockland v. Homicki

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1996
227 A.D.2d 477 (N.Y. App. Div. 1996)

Opinion

May 13, 1996

Appeal from the Supreme Court, Rockland County (Bergerman, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the respondent's claims under a collective bargaining agreement to recover salary which arose less than six years prior to the commencement of his grievance are not barred by the Statute of Limitations ( see, CPLR 213). Since the respondent's claim alleges a breach of a collective bargaining agreement (an action at law), the equitable defense of laches cannot be asserted by the appellants ( see, Gonzalez v. Chalpin, 159 A.D.2d 553, 555; Propoco, Inc. v Birnbaum, 157 A.D.2d 774, 776; Brown v. Lockwood, 76 A.D.2d 721). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

Matter of County of Rockland v. Homicki

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1996
227 A.D.2d 477 (N.Y. App. Div. 1996)
Case details for

Matter of County of Rockland v. Homicki

Case Details

Full title:In the Matter of COUNTY OF ROCKLAND et al., Appellants, v. EUGENE W…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 13, 1996

Citations

227 A.D.2d 477 (N.Y. App. Div. 1996)
642 N.Y.S.2d 922

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