Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05513
Bourke v City of New York
Read the official decision: 2026 NY Slip Op 05513
Holding The court affirmed the dismissal of the plaintiff’s employment discrimination claims because the action was commenced almost five years after the adverse employment determination, exceeding the three-year statute of limitations. The plaintiff’s request for reconsideration did not toll the statute of limitations or allow him to circumvent the time bar.
The court’s words
Actions alleging discrimination under the NYSHRL and NYCHRL must be commenced within three years after the alleged unlawful discriminatory practice
2026 NY Slip Op 05513, at the official text
an employment discrimination claim accrues on the date that an adverse employment determination is made and communicated to the plaintiff
2026 NY Slip Op 05513, at the official text
the plaintiff's written request seeking reconsideration of the defendant's decision to withdraw the plaintiff's disabled veteran's credit did not toll the statute of limitations
2026 NY Slip Op 05513, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05513 |
| Area of law | Employment and Discrimination |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05513 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 688 |
Recommended citation
ESQ HQ, New York Law Watch, Bourke v City of New York, 2026 NY Slip Op 05513 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05513/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works