New York Law Review

Briggs v. City of New York, 44 N.Y.2d 708 (1978): Tolling of Statute of Limitations Pending Correction of Erroneous Information

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Briggs v. City of New York, 44 N.Y.2d 708 (1978)

When a government determination is expressly based on erroneous information, the statute of limitations for challenging that determination is tolled until the error is corrected and the agency refuses to abide by the corrected information.

Summary

Briggs, a city employee, was terminated based on an erroneous lay-off list provided by the County Civil Service Commission. He challenged his termination, but the city argued the statute of limitations had expired. The court held that because the termination was explicitly based on the flawed lay-off list, the statute of limitations was tolled until the list was corrected and the city refused to reinstate Briggs based on the corrected list. Therefore, Briggs’s challenge was timely. Furthermore, the court found that the abolition of Briggs’s position after the litigation started did not negate his right to reinstatement and back pay.

Facts

1. Briggs received notice of termination from his city job due to an alleged lay-off.
2. The termination was based on an erroneous lay-off list provided by the County Civil Service Commission.
3. Briggs challenged the lay-off list.
4. The State Civil Service Commission corrected the lay-off list on August 30, 1974, followed by a letter from the county commission on September 5, 1974.
5. The City of New York refused to abide by the corrected lay-off list and reinstate Briggs.

Procedural History

1. Briggs initiated a proceeding under CPLR article 78 to challenge his termination.
2. The lower court ruled against Briggs, finding the statute of limitations had expired.
3. The Appellate Division reversed, holding that the statute of limitations was tolled.
4. The City of New York appealed to the New York Court of Appeals.

Issue(s)

1. Whether the statute of limitations for challenging the termination of a city employee is tolled when the termination is expressly based on an erroneous lay-off list provided by the County Civil Service Commission, until the list is corrected and the city refuses to abide by the corrected list.
2. Whether the abolition of a position after litigation has started is effective against the employee seeking reinstatement.

Holding

1. Yes, because the determination and earlier notices of termination were expressly stated to depend on the erroneous

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