DeMartino v. City of New York

Appellate Division of the Supreme Court of New York

DeMartino v. City of New York

92 A.D.3d 523, 938 N.Y.2d 432

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 14, 2012

StatusPublished

This text of 92 A.D.3d 523 (DeMartino v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DeMartino v. City of New York, 92 A.D.3d 523, 938 N.Y.2d 432 (N.Y. Ct. App. 2012).

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Opinion

Petitioner commenced this hybrid proceeding on April 4, 2008, to confirm a May 24, 2005 arbitration award and to annul respondents’ determination refusing to pay the grievants at the SHR rates fixed by the city comptroller. The limitations period for actions upon arbitration awards is one year (CPLR 215 [5]). Thus, the proceeding is untimely to the extent it is brought under article 75. We reject petitioner’s argument that respondents are barred by the doctrine of equitable estoppel from asserting the defense of the statute of limitations. Concur — Tom, J.E, Andrias, Catterson, Richter and Abdus-Salaam, JJ.

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Petitioner commenced this hybrid proceeding on April 4, 2008, to confirm a May 24, 2005 arbitration award and to annul respondents’ determination refusing to pay the grievants at the SHR rates fixed by the city comptroller. The limitations period for actions upon arbitration awards is one year (CPLR 215 [5]). Thus, the proceeding is untimely to the extent it is brought under article 75. We reject petitioner’s argument that respondents are barred by the doctrine of equitable estoppel from asserting the defense of the statute of limitations. Concur — Tom, J.E, Andrias, Catterson, Richter and Abdus-Salaam, JJ.

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Bluebook (online)

92 A.D.3d 523, 938 N.Y.2d 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demartino-v-city-of-new-york-nyappdiv-2012.