Q: Need Statute of limitations, tolling, and union-related info for breach of contract case in New York.
Hello, I'm a teacher in the NYC public school system and am suing the Dept. of Education. It's a breach of contract case: non-payment of monies connected with a raise I should have received upon being hired. I got this raise 4 years out and am trying to recoup the retro monies over that period. The defendant, the City of NY, is trying to get the case dismissed. One ground is time-barred. So, I'm looking for the statute of limitation rules for a breach of contract case in NY (in this case, suing a govt agency), how Article 78 Petition rules apply, all tolling rules (I was given the wrong information by defendant orally and in writing and acted on it for 4 years), and how being a member of a union affects the case: I tried to resolve this dispute in-house via the grievance process with my union but that failed. That process took 2 years. If you have any advice on any issue, please let me know. I'm researching my response to a Motion to Dismiss. Thank you, Andrew
A:
Wow. You really should retain private counsel but probably already know that most of us will ask for a substantial retainer to get involved past the 11th hour with these facts.
Yours is no easy case.
As a union member the collective bargaining agreement is key. All members are governed by it. If you were in an Article 75 proceeding and are now appealing that determination in your Article 78 did you raise the issue in the first one and does substantial evidence support whatever that determination was?
Is not the Board the ultimate decider for all school contracts union or supplemental? Was your contract separate from the collective bargaining agreement?
Breach of duty or DFR claims are unbelievably challenging? You had the right to have a private lawyer retained to sit next to your union lawyer had you opted for that.
You really need legal counsel and should retain a private lawyer. The procedural issues you face are VERY complicated, the notice provisions are VERY technical, and the timelines for acting are VERY critical.
Unless this case is your sole occupation or you are studying to be a lawyer hire legal counsel now!
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