CPLR § 217: Blown SOL, adjudicated in NY, Moved to Fed, UnBlown

217 Proceeding against body or officer; actions complaining about
conduct that would constitute a union's breach of its duty of fair
representation; four months

I found this by way of a guest blog on Sui Generis.  Norman Olch, author of Full Court Press, writes about Cloverleaf Realty of New York, Inc. v. Town of Wawayanda, 2nd Circuit Court of Appeals Case, involving the statute of limitations.  Here is the time-line for the case:

  • NY DJ action. Case dismissed because four month SOL is blown. (CPLR 217)
  • Action then brought into Fed Ct.  Fed Ct. dismisses because of prior dismissal in state court prevented this action proceeding in fed.
  • 2nd Cir. reverses.

Do yourself a favor and check out his post.