Griffith v. City of New York

Full title: GERALDINE GRIFFITH, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Mar 9, 1998

248 A.D.2d 439 (N.Y. App. Div. 1998)

668 N.Y.S.2d 940

Opinion

March 9, 1998

Appeal from the Supreme Court, Kings County (Jackson, J.).

Ordered that the order is affirmed, with costs.

While the plaintiff's complaint purportedly sounds in negligence and conversion, it is the essence of the action and not the label given to it that is important for determining time limitations (see, Solnick v. Whalen, 49 N.Y.2d 224). The plaintiff's action challenges the defendant's administrative determination pursuant to Administrative Code of the City of New York § 11-424. Thus, the four-month Statute of Limitations of CPLR 217 (1) applies (see, Kaufman v. City of New York, 128 A.D.2d 592; Solomon v. City of New York, 94 A.D.2d 283, 287). Since the plaintiff did not commence the instant action until approximately two years after the defendant's administrative agency's determination, the action is time-barred. Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.