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FRANCESE, INC. v. TROY SCHOOL

95 N.Y.2d 59 (2000)

731 N.E.2d 1123

710 N.Y.S.2d 315

JOSEPH FRANCESE, INC., Appellant, v. ENLARGED CITY SCHOOL DISTRICT OF TROY, Respondent.

Court of Appeals of the State of New York.

Decided June 15, 2000.

Attorney(s) appearing for the Case

Saperston & Day, P. C., Buffalo (Frank T. Gaglione and Michael C. Driscoll of counsel), for appellant.

Günter Dully, Albany, for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

LEVINE, J.

At issue in this appeal is construction of the Statute of Limitations tolling provision set forth in CPLR 204 (b), suspending the running of the period of limitations for a party who erroneously seeks to adjudicate a legal dispute through arbitration. In this case, plaintiff Joseph Francese, Inc., entered into an agreement with defendant Enlarged City School District of Troy...

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