Mikulka v. New York City Transit Authority

In a negligence action to recover damages for wrongful death, etc., defendant appeals from an order of the Supreme Court, Queens County, dated September 9, 1975, which granted plaintiff’s motion to strike its affirmative defense that plaintiff failed to commence the action timely pursuant to section 1212 of the Public Authorities Law. Order reversed, with $50 costs and disbursements, and affirmative defense reinstated. Special Term properly determined that the one year and 90-day Statute of Limitations applies in wrongful death actions against public authorities (see Public Authorities Law, §…