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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

New York City Housing Authority v. Pretto, 8 Misc. 3d 708 (2005)

Citation
New York City Housing Authority v. Pretto, 8 Misc. 3d 708 (2005)
Parent Document
New York City Housing Authority v. Pretto, 8 Misc. 3d 708 (2005)
Jurisdiction
New York (state)
Effective Date
2005-05-05

Other Sections in This Document (23)

Full Text

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The respondent moves to dismiss the proceeding as time-barred. Respondent argues that this proceeding is governed by a one-year statute of limitations as set forth in CPLR 215 (4). This section provides for a one-year limitation on actions “to enforce a penalty or forfeiture created by statute and given wholly or partly to any person who will prosecute.” The respondent claims that the petitioner’s failure to commence this proceeding within one year after drugs were discovered in the premises is fatal to petitioner’s attempt to gain possession.