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ROSLYN UNION FREE SCHOOL DIST. v. BARKAN

No. 64.

16 N.Y.3d 643 (2011)

16 N.Y.3d 643

926 N.Y.S.2d 349

ROSLYN UNION FREE SCHOOL District, Appellant, v. MICHAEL BARKAN et al., Defendants, and CAROL MARGARITIS, Respondent.

Court of Appeals of New York.

Decided May 3, 2011.

Attorney(s) appearing for the Case

Farrell Fritz, P.C., Uniondale ( James M. Wicks , Kathryn C. Cole and Aaron E. Zerykier of counsel), for appellant.

Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, Garden City ( John P. Gibbons, Jr. and Peter S. Trentacoste of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

In this case, we are asked whether a three- or six-year statute of limitations applies to causes of action for negligence and breach of fiduciary duty by a school district against a former member of the school board. We hold that the six-year limitations period in CPLR 213 (7) is applicable and, therefore, this action was timely commenced.

I

In September 2002,...

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