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

Appellate Division of the Supreme Court of the State of New York·Decided October 6, 1992·Published

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] against 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] against 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.

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).

Pincite

186 A.D.2d 383 (Mendez v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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