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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
CourtAppellate Division, Second Department
DecidedSeptember 30, 2026
Citation2026 NY Slip Op 05513
Area of lawEmployment and Discrimination
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05513
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id688

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.

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Published September 30, 2026. Updated September 30, 2026.