Cloverleaf Realty of N.Y., Inc. v. Town of Wawayanda, No. 07-3405

District court order dismissing a procedural due process claim as precluded by an earlier dismissal of a similar claim by a New York state court for lack of timeliness is vacated where the dismissal of a claim solely for lack of timeliness in a New York state court does not preclude the same claim from being brought in another jurisdiction with a longer statute of limitations, including a federal court exercising its federal question jurisdiction.    

Read Cloverleaf Realty of N.Y., Inc. v. Town of Wawayanda, No. 07-3405

Appellate Information
Appeal from an order of the United States District Court for the Southern District of New York.
Argued December 8, 2008
Decided July 15, 2009

Judges
Before: FEINBERG, LEVAL, and CABRANES, Circuit Judges.
Opinion by FEINBERG, Circuit Judge.

Counsel
For Appellant: James G. Sweeney.

For Appellee: Richard J. Guertin, Maria Condoluci.