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CHIN v. BOWEN

No. 86 Civ. 5755 (EW).

655 F.Supp. 1415 (1987)

Kathleen CHIN, Plaintiff, v. Otis R. BOWEN, in His Capacity as Secretary of the United States Department of Health and Human Services; Peter F. DiSturco, Individually and in His Capacity as Regional Commissioner of the Social Security Administration; and Unknown Named Employees of the Social Security Administration, Individually and in their Official Capacities, Defendants.

United States District Court, S.D. New York.

March 21, 1987.

Attorney(s) appearing for the Case

Westchester Legal Services, White Plains, N.Y., for Kathleen Chin; Joy Blumkin, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for Peter F. DiSturco and Unknown Named Defendants; Diogenes P. Kekatos, Sp. Asst. U.S. Atty., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Defendants Peter DiSturco, Regional Commissioner of the Social Security Administration ("SSA"), and unknown named employees of the SSA move to dismiss the constitutional tort claim of plaintiff Kathleen Chin on the ground, inter alia, that it was not brought within the statute of limitations. At issue is whether to apply New York's three year statute of limitations for actions based upon a liability imposed...

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