Sandpebble Builders, Inc. v. Mansir
| Decision Date | 20 December 2011 |
| Citation | 2011 N.Y. Slip Op. 09303,936 N.Y.S.2d 215,90 A.D.3d 888 |
| Parties | SANDPEBBLE BUILDERS, INC., appellant, v. Deborah MANSIR, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
2011 N.Y. Slip Op. 09303
90 A.D.3d 888
936 N.Y.S.2d 215
SANDPEBBLE BUILDERS, INC., appellant,
v.
Deborah MANSIR, et al., respondents.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 20, 2011.
[936 N.Y.S.2d 215]
Esseks, Hefter & Angel, LLP, Riverhead, N.Y. (Theodore D. Sklar, Stephen R. Angel, and Nancy Silverman of counsel), for appellant.
Pinks, Arbeit & Nemeth, Hauppauge, N.Y. (Jonathan Lipshie of counsel and Morgan, Lewis & Bockius LLP [Bernard J. Garbutt III and Shana R. Cappell], former of counsel on the brief), for respondents.
[936 N.Y.S.2d 216]
PETER B. SKELOS, J.P., L. PRISCILLA HALL, PLUMMER E. LOTT, SHERI S. ROMAN, JJ.
[90 A.D.3d 888] In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Pines, J.), entered October 22, 2009, which granted that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3211(a)(5) as time-barred.
ORDERED that the order is affirmed, with costs.
The plaintiff commenced this action, inter alia, to recover damages for fraud, based upon allegations that the defendant Deborah Mansir, formerly the President of the Board of Education of the defendant East Hampton Union Free School District (hereinafter the School Board), misrepresented her authority to sign a contract on behalf of the East Hampton Union Free [90 A.D.3d 889] School District (hereinafter the School District) by signing the contract despite knowledge of her lack of authority to do so. The defendants moved to dismiss the complaint, inter alia, pursuant to CPLR 3211(a)(5) as time-barred. The Supreme Court granted that branch of the defendants' motion. The plaintiff appeals. We affirm.
An action based in tort against a school district or a board of education, or an officer of a board of education acting within the scope of his or her duties, is subject to the time limits for commencement of an action set forth in General Municipal Law § 50–i(1) ( see Education Law § 3813[2] ). General Municipal Law § 50–i(1) prohibits an action based on tort against municipal and school district defendants unless the action is commenced no later than one year and 90 days “after the happening of the event upon which the claim is based” (General Municipal Law § 50–i[1] ). Since the “happening of the event” upon which the plaintiff bases its claims is Mansir's April 2002 act of misrepresenting her authority to sign a contract by signing the contract,...
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