13 Cited authorities

  1. Trinidad v. New York City Department of Correction

    423 F. Supp. 2d 151 (S.D.N.Y. 2006)   Cited 103 times
    Finding isolated incidents of defendant calling plaintiff a bitch and making sexual remarks over the course of her five and one-half years of employment insufficient to support a claim of discriminatory harassment
  2. In re Goldstein

    2009 N.Y. Slip Op. 8677 (N.Y. 2009)   Cited 51 times
    Holding that a state court may toll the statute of limitations and allow the refilling of a state Article 78 proceeding where the federal cause of action was dismissed on curable grounds
  3. Lehman Brothers, Inc. v. Hughes Hubbard Reed

    707 N.E.2d 433 (N.Y. 1998)   Cited 25 times
    In Lehman Bros. v Hughes Hubbard Reed (92 N.Y.2d 1014), for purposes of determining when the six month period in which to commence a new action begins to run under CPLR 205, this Court held that it is upon the determination of any non-discretionary appeals concerning the dismissal of the earlier action and, in the event that we granted leave to appeal, upon final determination by this Court (id., at 1016).
  4. Bender v. Peerless Ins. Co.

    36 A.D.3d 1120 (N.Y. App. Div. 2007)   Cited 12 times

    No. 501111. January 18, 2007. Appeal from an order of the Supreme Court (Coccoma, J.), entered July 5, 2006 in Delaware County which, inter alia, denied plaintiffs' motion for summary judgment. Harlem Harlem, Oneonta (Richard A. Harlem of counsel), for appellants. Hurwitz Fine, P.C., Buffalo (Dan D. Kohane of counsel), for respondents. Before: Peters, J.P., Mugglin, Rose and Kane, JJ. Lahtinen, J. Plaintiffs admit spilling a small amount of fuel oil while making a residential delivery in March 2002

  5. In re Sean W

    87 A.D.3d 1318 (N.Y. App. Div. 2011)   Cited 5 times

    No. CAF 10-01355. September 30, 2011. Appeal from an order of the Family Court, Onondaga County (Bryan R. Hedges, J.), entered May 25, 2010 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, terminated the parental rights of respondent Brittany W LINDA M. CAMPBELL, SYRACUSE (SHIRLEY GORMAN OF COUNSEL), FOR RESPONDENT-APPELLANT. GORDON J. CUFFY, COUNTY ATTORNEY, SYRACUSE (SARA J. LANGAN OF COUNSEL), FOR PETITIONER-RESPONDENT. PAUL L. CHAPMAN, ATTORNEY FOR THE CHILD

  6. Gesegnet v. Hyman

    285 A.D.2d 719 (N.Y. App. Div. 2001)   Cited 6 times

    Decided and Entered: July 5, 2001. Appeal from an order of the Supreme Court (Monserrate, J.), entered July 25, 2000 in Broome County, which granted defendants' motion for summary judgment dismissing the complaint. Levene, Gouldin Thompson (Margaret J. Fowler of counsel), Binghamton, for appellants. Eliot Spitzer, Attorney-General (William E. Storrs of counsel), Albany, for respondents. Before: Cardona, P.J., Crew III, Spain, Mugglin and Rose, JJ. MEMORANDUM AND ORDER Spain, J. In February 1998,

  7. Henkin v. Forest Laboratories, Inc.

    01 Civ. 4255 (AKH) (S.D.N.Y. Mar. 4, 2003)   Cited 4 times
    Granting summary judgment, inter alia, as to the plaintiff's Title VII discrimination claims, and declining to exercise supplemental jurisdiction in part where "plaintiff will not be barred from bringing her claim before the state court, since her claim is tolled under New York Civil Practice Law § 205"
  8. Clark v. N.Y. State Off. of Parks

    6 A.D.3d 1200 (N.Y. App. Div. 2004)   Cited 1 times

    CA 03-02257. Decided April 30, 2004. Appeal from an order and judgment (one document) of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered March 12, 2003. The order and judgment, insofar as appealed from, granted defendant's motion in part, dismissed certain causes of action and denied plaintiff's cross motion to disqualify the Attorney General from representing defendant. C. KENNETH FOIT, TONAWANDA (C. KENNETH FOIT OF COUNSEL), FOR PLAINTIFF-APPELLANT. ELIOT SPITZER, ATTORNEY GENERAL

  9. Maki v. Grenda

    224 A.D.2d 996 (N.Y. App. Div. 1996)   Cited 4 times
    In Maki v. Grenda (224 AD2d 996, 637 NYS2d 553 [4th Dept 1996]), plaintiff filed a federal action, in which by order entered October 19, 1993, the Federal court dismissed the pendent State law claims unless plaintiff repleaded her RICO claim within thirty days.
  10. Cohoes Housing Auth. v. Ippolito-Lutz, Inc.

    65 A.D.2d 666 (N.Y. App. Div. 1978)   Cited 14 times
    In Cohoes Housing Auth. v Ippolito-Lutz, Inc. (65 A.D.2d 666, aff'd 49 N.Y.2d 961), this court implied that an appeal prevents a prior action, from termination within the meaning of CPLR 205 (subd. [a]) only when the disposition appealed from did not conclude with one of the three events enumerated in the subdivision.
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 365,885 times   525 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation