GERTLER v. GOODGOLD


66 N.Y.2d 946 (1985)

Menard M. Gertler, Appellant, v. Joseph Goodgold et al., Respondents.

Court of Appeals of the State of New York.

Decided December 17, 1985.


Attorney(s) appearing for the Case

Maurice N. Nessen for appellant.

Ada Meloy and S. Andrew Schaffer for respondents.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.


Order affirmed, with costs, for the reasons stated in the opinion by Justice Joseph P. Sullivan at the Appellate Division (107 A.D.2d 481). We add with respect to the Statute of Limitations question that this is not a case, such as Mundy v Nassau County Civ. Serv. Commn. (44 N.Y.2d 352), where by withdrawing its determination the respondent created an impression of nonfinality with respect to plaintiff's allocated space. The letter of March 11, 1982 ended with the statement that "reorganizational plans are already firm." That defendants continued to negotiate with plaintiff thereafter did not extend the four-month period of limitations (CPLR 217) (Matter of Lubin v Board of Educ., 60 N.Y.2d 974).


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases