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Coastal Broadway Associates v. Raphael

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1998
246 A.D.2d 445 (N.Y. App. Div. 1998)

Opinion

January 22, 1998

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).


While amended CPLR 214 (6) applies to actions, such as this, commenced after its September 4, 1996 effective date ( Amateur Hockey Assn. v. Parson, 244 A.D.2d 222), due process requires that plaintiff be given a reasonable period after September 4, 1996 to pursue a claim theretofore existing but immediately barred upon the immediately effective enactment of the amendment ( see, Alston v. Transport Workers Union, 225 A.D.2d 424). Based upon the record before us, we find that the commencement of the action five and a half months after September 4, 1996 was reasonable.

Concur — Milonas, J.P., Rosenberger, Wallach, Williams and Mazzarelli, JJ.


Summaries of

Coastal Broadway Associates v. Raphael

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1998
246 A.D.2d 445 (N.Y. App. Div. 1998)
Case details for

Coastal Broadway Associates v. Raphael

Case Details

Full title:COASTAL BROADWAY ASSOCIATES, Respondent, v. STEPHEN M. RAPHAEL, Appellant…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 22, 1998

Citations

246 A.D.2d 445 (N.Y. App. Div. 1998)
668 N.Y.S.2d 586

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