Burgess v. Long Island Railroad Authority

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff was injured on the tracks of the Long Island Railroad (LIRR) after discharge from a LIRR train. He did not serve a summons and complaint on the public authority until more than one year and 30 days after his claim accrued. Therefore, his claim was untimely and correctly dismissed.

A person has one year from the date a claim accrues to commence an action against a public authority such as LIRR (Public Authorities Law § 1276 [2]). The complaint must contain an allegation that at least 30…