Finkelstein Mem. Libr. v. Cent. S. Dist. No. 2

Full title: FINKELSTEIN MEMORIAL LIBRARY, Appellant, v. CENTRAL SCHOOL DISTRICT NO. 2…

Court: Court of Appeals of the State of New York

Date published: Mar 3, 1971

28 N.Y.2d 705 (N.Y. 1971)

320 N.Y.S.2d 751

269 N.E.2d 410

Opinion

Argued February 17, 1971

Decided March 3, 1971

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MORTON B. SILBERMAN, J.

Joel L. Scheinert and Joseph A. Hamerman for appellant.

Louis J. Lefkowitz, Attorney-General ( Philip Weinberg and Samuel A. Hirshowitz of counsel), for State Comptroller and Retirement System, respondents.

Order affirmed, without costs, upon the ground that plaintiff's action was barred by the four-month limitation of CPLR 217 and by the doctrine of laches. We pass on no other question.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.