Waheed v. Habib Bank Ltd.

Appellate Terms of the Supreme Court of New York

Waheed v. Habib Bank Ltd.

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 11, 2016

Docket2016 NYSlipOp 51450(U)

StatusPublished

This text of Waheed v. Habib Bank Ltd. (Waheed v. Habib Bank Ltd.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Waheed v. Habib Bank Ltd., (N.Y. Ct. App. 2016).

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Opinion

Shaikhabdul Waheed, Plaintiff-Appellant,

against

Habib Bank Limited, Defendant-Respondent.

Plaintiff appeals, as limited by his brief, from so much of an order of the Civil Court of the City of New York, New York County (Debra Rose Samuels, J.), entered December 14, 2015, as failed to consider his unpleaded discrimination claim and granted defendant's motion to dismiss the complaint.

Per Curiam.

Order (Debra Rose Samuels, J.), entered December 14, 2015, affirmed, with $10 costs.

The motion court correctly dismissed the complaint as time-barred (see CPLR 3211[a][5]). The parties' submissions established without contradiction that plaintiff's employment was terminated on October 18, 1995. Accordingly, this 2015 action for unpaid wages and other compensation is barred by the six-year Statute of Limitations, whether the claim is based in contract (see CPLR 213[2]; Mishalove v Goldfarb, 260 AD2d 219 [1999], lv denied 94 NY2d 815 [1999]) or the provisions of the Labor Law (see Labor Law § 198[3]). The unpleaded disability discrimination claim under the Americans With Disability Act, raised for the first time by plaintiff in opposition to defendant's dismissal motion, even if considered, would also be time-barred (see 42 USC § 2000e—5[e][1]; Martinez-Tolentino v Buffalo State Coll., 277 AD2d 899 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 11, 2016

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Shaikhabdul Waheed, Plaintiff-Appellant,

against

Habib Bank Limited, Defendant-Respondent.

Plaintiff appeals, as limited by his brief, from so much of an order of the Civil Court of the City of New York, New York County (Debra Rose Samuels, J.), entered December 14, 2015, as failed to consider his unpleaded discrimination claim and granted defendant's motion to dismiss the complaint.

Per Curiam.

Order (Debra Rose Samuels, J.), entered December 14, 2015, affirmed, with $10 costs.

The motion court correctly dismissed the complaint as time-barred (see CPLR 3211[a][5]). The parties' submissions established without contradiction that plaintiff's employment was terminated on October 18, 1995. Accordingly, this 2015 action for unpaid wages and other compensation is barred by the six-year Statute of Limitations, whether the claim is based in contract (see CPLR 213[2]; Mishalove v Goldfarb, 260 AD2d 219 [1999], lv denied 94 NY2d 815 [1999]) or the provisions of the Labor Law (see Labor Law § 198[3]). The unpleaded disability discrimination claim under the Americans With Disability Act, raised for the first time by plaintiff in opposition to defendant's dismissal motion, even if considered, would also be time-barred (see 42 USC § 2000e—5[e][1]; Martinez-Tolentino v Buffalo State Coll., 277 AD2d 899 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 11, 2016

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Waheed v. Habib Bank Ltd., Counsel Stack Legal Research, https://law.counselstack.com/opinion/waheed-v-habib-bank-ltd-nyappterm-2016.

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