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Null v. Pacifica Foundation

Appellate Division of the Supreme Court of New York, First Department
Mar 5, 2009
60 A.D.3d 424 (N.Y. App. Div. 2009)

Opinion

No. 5312.

March 5, 2009.

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered October 24, 2007, which granted the motion of defendants WBAI and Pacifica Foundation to dismiss the complaint against them as untimely, unanimously affirmed, without costs.

Ralph Gerstein, Flushing, for appellant.

Jeremy Rosenbaum, Brooklyn, and Daniel Silverman, New York, for respondents.

Before: Andrias, J.P., Sweeny, McGuire and DeGrasse, JJ.


The motion court properly found that plaintiff had reason to know that the union would not be pursuing his grievance; consequently, the complaint, filed more than six months after his last unanswered communication with the union, was untimely ( see White v White Rose Food, a Div. of DiGiorgio Corp., 128 F3d 110, 114). There was no basis for tolling the limitations period or barring its assertion, in the absence of any claim of fraudulent concealment ( see Cohen v Flushing Hosp. Med. Ctr., 68 F3d 64, 69).


Summaries of

Null v. Pacifica Foundation

Appellate Division of the Supreme Court of New York, First Department
Mar 5, 2009
60 A.D.3d 424 (N.Y. App. Div. 2009)
Case details for

Null v. Pacifica Foundation

Case Details

Full title:GARY NULL, Appellant, v. PACIFICA FOUNDATION et al., Respondents, et al.…

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

Date published: Mar 5, 2009

Citations

60 A.D.3d 424 (N.Y. App. Div. 2009)
873 N.Y.S.2d 489