Home/New York Court of Appeals/Fleming v. Long Island Railroad

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
New York Court of Appeals·Decided June 16, 1983·Published·Cited by 5 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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).

452 N.E.2d 1266 (Fleming v. Long Island Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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)