Mendez v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Mendez v. New York City Transit Authority

186 A.D.2d 383, 588 N.Y.S.2d 177, 1992 N.Y. App. Div. LEXIS 11191

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 6, 1992

StatusPublished

This text of 186 A.D.2d 383 (Mendez v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mendez v. New York City Transit Authority, 186 A.D.2d 383, 588 N.Y.S.2d 177, 1992 N.Y. App. Div. LEXIS 11191 (N.Y. Ct. App. 1992).

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Opinion

— Order, Supreme Court, New York County (Alfred Toker, J.), entered June 5, 1991, which granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

Since the event upon which this action for wrongful death [384]*384against defendant New York City Transit Authority is based occurred on September 23, 1988, the applicable Statute of Limitations is the l-year-and-90-day period set forth in Public Authorities Law § 1212 (former [2]), not the two-year period set forth in EPTL 5-4.1 (see, Melendez v Manhattan & Bronx Surface Tr. Operating Auth., 137 AD2d 390). Although the Legislature amended Public Authorities Law § 1212 (2) to provide for a two-year period limitations for wrongful death claims against public authorities, including defendant (L 1990, ch 804, § 25; Public Authorities Law § 2981), the amendment became effective on August 24, 1990, after plaintiffs cause of action accrued, and thus does not avail plaintiff. Concur— Sullivan, J. P., Milonas, Kupferman and Rubin, JJ.

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— Order, Supreme Court, New York County (Alfred Toker, J.), entered June 5, 1991, which granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

Since the event upon which this action for wrongful death [384]*384against defendant New York City Transit Authority is based occurred on September 23, 1988, the applicable Statute of Limitations is the l-year-and-90-day period set forth in Public Authorities Law § 1212 (former [2]), not the two-year period set forth in EPTL 5-4.1 (see, Melendez v Manhattan & Bronx Surface Tr. Operating Auth., 137 AD2d 390). Although the Legislature amended Public Authorities Law § 1212 (2) to provide for a two-year period limitations for wrongful death claims against public authorities, including defendant (L 1990, ch 804, § 25; Public Authorities Law § 2981), the amendment became effective on August 24, 1990, after plaintiffs cause of action accrued, and thus does not avail plaintiff. Concur— Sullivan, J. P., Milonas, Kupferman and Rubin, JJ.

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Bluebook (online)

186 A.D.2d 383, 588 N.Y.S.2d 177, 1992 N.Y. App. Div. LEXIS 11191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendez-v-new-york-city-transit-authority-nyappdiv-1992.

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