New York Court of Appeals

Chau Mills v. County of Monroe

June 9, 198359 N.Y.2d 307

Summary

The New York Court of Appeals affirmed the dismissal of an employment discrimination suit because the plaintiff failed to file the required notice of claim and her action was characterized as enforcing a private right rather than a public interest. The Court held that the notice of claim requirement under County Law applies to both state and federal civil rights claims unless the plaintiff obtains leave to serve late notice or the action is to vindicate a public interest. Because the plaintiff neither sought such relief nor qualified for the public‑interest exception, the dismissal was proper.