Summary
dismissing a faculty member's breach of contract claim because the complaint failed to allege a contract through which the university ever "expressly, by contract or otherwise, obligated itself to provide the amenities plaintiff claims"
Summary of this case from Novio v. N.Y. Acad. of ArtOpinion
Argued November 12, 1985
Decided December 17, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Louis Grossman, J.
Maurice N. Nessen for appellant.
Ada Meloy and S. Andrew Schaffer for respondents.
Order affirmed, with costs, for the reasons stated in the opinion by Justice Joseph P. Sullivan at the Appellate Division ( 107 A.D.2d 481). We add with respect to the Statute of Limitations question that this is not a case, such as Mundy v Nassau County Civ. Serv. Commn. ( 44 N.Y.2d 352), where by withdrawing its determination the respondent created an impression of nonfinality with respect to plaintiff's allocated space. The letter of March 11, 1982 ended with the statement that "reorganizational plans are already firm." That defendants continued to negotiate with plaintiff thereafter did not extend the four-month period of limitations (CPLR 217) (Matter of Lubin v Board of Educ., 60 N.Y.2d 974).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.