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.