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Null v. Pacifica Foundation

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 5, 2009

GARY NULL, PLAINTIFF-APPELLANT,
v.
PACIFICA FOUNDATION, ET AL., DEFENDANTS-RESPONDENTS,
BERNARD WHITE, ET AL., DEFENDANTS.

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered October 24, 2007, which granted the motion of defendants WBAI and Pacifica Foundation to dismiss the complaint against them as untimely, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Sweeny, McGuire, DeGrasse, JJ.

118552/06

The motion court properly found that plaintiff had reason to know that the union would not be pursuing his grievance; consequently, the complaint, filed more than six months after his last unanswered communication with the union, was untimely (see White v White Rose Food, 128 F3d 110, 114 [1997]). There was no basis for tolling the limitations period or barring its assertion, in the absence of any claim of fraudulent concealment (see Cohen v Flushing Hospital and Medical Center, 68 F3d 64, 69 [1995]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090305

© 1992-2009 VersusLaw Inc.



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