NORMAN v. TOWN OF CHEEKTOWAGA (2004)

Supreme Court, Appellate Division, Fourth Department, New York.

Ronald NORMAN, Plaintiff-Respondent, v. TOWN OF CHEEKTOWAGA, Defendant-Appellant.

Decided: October 01, 2004

PRESENT: PINE, J.P., SCUDDER, KEHOE, MARTOCHE, AND LAWTON, JJ.

Michael J. Stachowski, Town Attorney, Cheektowaga, for Defendant-Appellant. Creighton, Pearce, Johnsen & Giroux, Buffalo (Jonathan G. Johnsen of Counsel), for Plaintiff-Respondent.

Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint and granting plaintiff's cross motion for summary judgment. Plaintiff's cause of action to recover health benefits accrued in 1981 when plaintiff's employment and benefits were terminated (see Schirmer v. Town of Harrison, 294 A.D.2d 347, 741 N.Y.S.2d 894). Plaintiff commenced his action in August 2001, and thus it is time-barred. Consequently, we reverse the order, grant defendant's motion, dismiss the complaint, and deny plaintiff's cross motion.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted, the complaint is dismissed, and the cross motion is denied.

MEMORANDUM:

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