Motion to Dismiss Causes of Actions That Occurred More Than 90 Days Prior to the Filing of a Claim
In Mahoney v. Temporary Commn. of Investigation (165 AD2d 233), the claimants were investigated by the Temporary Commission of Investigation of the State of New York and claimed that they were defamed by a final report issued by the Commission.
Claimants served and filed a claim alleging various causes of action, including defamation, with respect to events that occurred during the course of the investigation and culminated in the issuance of the report. the State moved to dismiss all of the causes of action with respect to conduct that occurred more than 90 days prior to the filing of the claim.
The lower court denied the motion, and the Appellate Division, in affirming, stated (at 240-241) as follows: "The Court of Claims found the wrongs to be of a continuing nature and so interrelated that they could not be separated for purposes of applying time limitations.
A continuous course of conduct extends the accrual period of a claim until such conduct terminates (Brown v. State of New York, 125 AD2d 750, 751-752).