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Fleming v. Long Island Railroad

452 N.E.2d 1266, 59 N.Y.2d 895, 465 N.Y.S.2d 938, 1983 N.Y. LEXIS 3221
CourtNew York Court of Appeals
DecidedJune 16, 1983
StatusPublished
Cited by5 cases

This text of 452 N.E.2d 1266 (Fleming v. Long Island Railroad) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fleming v. Long Island Railroad, 452 N.E.2d 1266, 59 N.Y.2d 895, 465 N.Y.S.2d 938, 1983 N.Y. LEXIS 3221 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Order affirmed, with costs, and question certified answered in the affirmative (Andersen v Long Is. R. R., 59 NY2d 657). We add only that because the demand provided for in subdivision 1 of section 1276 of the Public Authorities Law is a condition to consent of the State and the passage of 30 days since the demand is required to be alleged in the complaint, the lack of such a demand is not r. matter required by CPLR 3018 (subd [b]) to be pleaded a, an affirmative defense.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.

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Related

Singer v. Liberty Lines
183 A.D.2d 820 (Appellate Division of the Supreme Court of New York, 1992)
Archambault v. Knost
132 A.D.2d 909 (Appellate Division of the Supreme Court of New York, 1987)
Fleming v. Long Island Railroad
130 A.D.2d 59 (Appellate Division of the Supreme Court of New York, 1987)
Nicholas v. City of New York
130 A.D.2d 470 (Appellate Division of the Supreme Court of New York, 1987)
Albano v. Long Island Railroad
122 A.D.2d 923 (Appellate Division of the Supreme Court of New York, 1986)

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Bluebook (online)
452 N.E.2d 1266, 59 N.Y.2d 895, 465 N.Y.S.2d 938, 1983 N.Y. LEXIS 3221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-long-island-railroad-ny-1983.