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MATTER OF YARBOUGH v. FRANCO

95 N.Y.2d 342 (2000)

740 N.E.2d 224

717 N.Y.S.2d 79

In the Matter of LOLA YARBOUGH, Respondent, v. RUBEN FRANCO et al., Appellants.

Court of Appeals of the State of New York.

Decided October 26, 2000.

Attorney(s) appearing for the Case

Henry Schoenfeld, New York City, Jeffrey Schanback, Steven J. Rappaport, Nancy M. Harnett, Lawrence J. Roth and Rosanne R. Pisem for appellants.

Legal Aid Society, Brooklyn (Mimi Rosenberg, Emily Ruben and Stephen Myers of counsel), and Legal Aid Society, New York City (Helaine Barnett of counsel), for respondent.

Brooklyn Legal Services Corp. B, Brooklyn (John C. Gray and Edward Josephson of counsel), for New York City Public Housing Resident Alliance, amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

CIPARICK, J.

At issue on this appeal is whether the four-month Statute of Limitations for challenging the denial of a tenant's request to vacate a New York City Housing Authority default determination accrues upon entry of the default or upon denial of the tenant's request to vacate it. We conclude that the limitations period begins to run from receipt of the denial of the request to...

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