Penman v. Pan American World Airways, Inc.

Full title: ALEX E. PENMAN, Respondent, v. PAN AMERICAN WORLD AIRWAYS, INC., Appellant

Court: Court of Appeals of the State of New York

Date published: May 28, 1987

69 N.Y.2d 989 (N.Y. 1987)

517 N.Y.S.2d 719

510 N.E.2d 803

Opinion

Argued April 23, 1987

Decided May 28, 1987

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Elliot Wilk, J.

James S. Frank and Penny Ann Lieberman for appellant.

Edgar Pauk and Jonathan A. Weiss for respondent.

Order affirmed, with costs, and certified question answered in the affirmative. As we stated in Matter of Pan Am. World Airways v New York State Human Rights Appeal Bd. ( 61 N.Y.2d 542), the Statute of Limitations is tolled during the pendency of a complaint with the Division of Human Rights pursuant to CPLR 204 (a) and thus the action is not time barred.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.