CITRAK v. TOWN OF CHENANGO


166 A.D.2d 741 (1990)

Robert C. Citrak, Appellant, v. Town of Chenango, Respondent

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

October 4, 1990


We affirm the dismissal of the complaint. Plaintiff all but concedes in his brief that his second cause of action for property damages against defendant is time barred and he does not dispute defendant's proof that the latest date such damages could have occurred is March 1986, over three years before the suit was commenced (see, CPLR 214 [4]). As for the cause of action alleging a violation of 42 USC § 1983, that was also barred by the three-year Statute of Limitations...

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