New York Court of Appeals

423 South Salina Street, Inc. v. City of Syracuse

November 20, 198668 N.Y.2d 474

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the plaintiff has standing to sue the City of Syracuse for damages under 42 U.S.C. §1983 and that the complaint states a viable claim, but the action is barred because the plaintiff failed to serve a required notice of claim under General Municipal Law §50‑i. The court also held that the three‑year CPLR 214(5) limitations period applies and that the plaintiff lacks standing against the private defendants.