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Matter of Gaines v. Abate

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1995
216 A.D.2d 16 (N.Y. App. Div. 1995)

Opinion

June 6, 1995

Appeal from the Supreme Court, New York County (Joan Lobis, J.).


The IAS Court correctly dismissed the petition as time-barred under CPLR 217 because the action was not commenced within four months after petitioner's previous demands for the relief requested in the petition were rejected by respondents. Since petitioner previously sought the relief requested in the petition, there is no merit to his argument that his petition constitutes a first demand for limitations purposes. In any event, even if the petition were not time-barred, it fails to state a cause of action ( Mulligan v. City of New York, 194 Misc. 579,

affd 275 App. Div. 795, affd 300 N.Y. 541).

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Mazzarelli, JJ.


Summaries of

Matter of Gaines v. Abate

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1995
216 A.D.2d 16 (N.Y. App. Div. 1995)
Case details for

Matter of Gaines v. Abate

Case Details

Full title:In the Matter of JOSEPH B. GAINES, Appellant, v. CATHERINE ABATE, as…

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

Date published: Jun 6, 1995

Citations

216 A.D.2d 16 (N.Y. App. Div. 1995)
627 N.Y.S.2d 913