United States Second Circuit
Cloverleaf Realty of N.Y., Inc. v. Town of Wawayanda, 07-3405
District court order dismissing a procedural due process claim as precluded by an earlier dismissal of a similar claim by a New York state court for lack of timeliness is vacated where the dismissal of a claim solely for lack of timeliness in a New York state court does not preclude the same claim from being brought in another jurisdiction with a longer statute of limitations, including a federal court exercising its federal question jurisdiction.
Appellate Information
- Decided 07/15/2009
- Published 07/15/2009
Judges
- FEINBERG, Circuit Judge:, Before: FEINBERG, LEVAL, and CABRANES Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- James G. Sweeney, Goshen, N.Y., for Appellants.
- For Appellees:
- Richard J. Guertin, Middletown, N.Y., for Defendant-Appellee, Town of Wawayanda., Maria Condoluci, Goshen, N.Y., for Defendant-Appellee, County of Orange (David L. Darwin, Orange County Attorney, on the brief).