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ESTATE OF JERVIS v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION

279 A.D.2d 367 (2001)

720 N.Y.S.2d 21

ESTATE OF ANDRE JERVIS, Deceased, et al., Appellants, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 23, 2001.

Plaintiff's decedent's employment was terminated on June 30, 1995; he died of the cancer that allegedly motivated his alleged wrongful termination on September 1, 1997; and it is undisputed that the Statute of Limitations on his employment discrimination claims expired on September 1, 1998 (CPLR 210 [a]). While the summons and complaint were timely filed on May 26, 1998, it was not until after the expiration of both the Statute of Limitations, on September 1, 1998, and the...

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