COSTANTAKOS v. BD. OF EDUC. OF THE CITY OF NEW YORK


105 A.D.2d 825 (1984)

Chris Costantakos, Appellant, v. Board of Education of the City of New York, Respondent

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

November 26, 1984


Order reversed, without costs or disbursements, defendant's motion denied, complaint reinstated, and matter remitted to Special Term for further proceedings in accordance herewith.

Special Term erred in dismissing plaintiff's complaint as time barred. A declaratory judgment action is generally governed by a six-year Statute of Limitations period (CPLR 213, subd 1). However, where such action could have been brought as a proceeding pursuant to CPLR article 78, a four...

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