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MICCIO v. FITS SYSTEMS, INC.

25 A.D.3d 439 (2006)

810 N.Y.S.2d 13

COLLEEN RUSTON MICCIO, Respondent, v. FITS SYSTEMS, INC., et al., Appellants.

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

January 17, 2006.

There is no merit to defendants' argument that the first cause of action for sexual harassment is barred because plaintiff did not file a complaint with the State Division of Human Rights within one year after the alleged acts of harassment (Executive Law § 297 [1], [5], [9]). However, the cause of action is time-barred insofar as based on acts that occurred more than three years before commencement of the action (CPLR 214 [2]), i.e., before June 18, 2001, and we modify...

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