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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).

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