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NULL v. PACIFICA FOUNDATION

60 A.D.3d 424 (2009)

873 N.Y.S.2d 489

GARY NULL, Appellant, v. PACIFICA FOUNDATION et al., Respondents, et al., Defendants.

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

Decided March 5, 2009.

The motion court properly found that plaintiff had reason to know that the union would not be pursuing his grievance; consequently, the complaint, filed more than six months after his last unanswered communication with the union, was untimely (see White v White Rose Food, a Div. of DiGiorgio Corp., 128 F.3d 110, 114 [1997]). There was no basis for tolling the limitations period or barring...

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