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FIELDS v. BD. OF HIGHER EDUC

94 A.D.2d 202 (1983)

Jules M. Fields, Respondent, v. Board of Higher Education of the City of New York et al., Appellants, and "Jane Doe" et al., Defendants. (Appeal No. 15635.) Thomas Pitt, Appellant, v. City of New York et al., Respondents. (Appeal No. 15636.)

Appellate Division of the Supreme Court of the State of New York, First Department.

June 16, 1983

Attorney(s) appearing for the Case

Edward F. X. Hart of counsel (Ronald E. Sternberg with him on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for appellants in Appeal No. 15635.

Cheryl R. Eisberg of counsel (Pamela Anagnos Liapakis with her on the brief; Lipsig, Sullivan & Liapakis, P. C., attorneys), for respondent in Appeal No. 15635.

David M. Goldberg of counsel (Robert H. Silk with him on the brief; Silk & Bunks, P. C., attorneys), for appellant in Appeal No. 15636.

John J. Kearns for James Mugan, respondent in Appeal No. 15636.

ROSS and MILONAS concur with ALEXANDER, J.; MURPHY, P. J., and BLOOM, J., dissent and would affirm for the reasons stated by GREENFIELD, J.

ALEXANDER, J.

Inasmuch as these factually dissimilar appeals present a common issue of law as to the appropriate Statute of Limitations to be applied in a State action brought under section 1983 of title 42 of the United States Code, we decide them together and hold that the appropriate Statute of Limitations is found in CPLR 214 (subd 2).

Jules M. Fields was employed as an assistant professor at Bronx...

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