Legal Opinion · Concurrence
Davis v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided August 1, 1983Published
1ConcurrenceO’Connor, J.
On constraint of Giblin v Nassau County Med. Center (95 AD2d 795), I vote to reverse the order under review. Special Term ruled that the running of the period of limitation was tolled by CPLR 204 (subd [a]) during the pendency of plaintiff’s application for leave to serve a late notice of claim pursuant to subdivision 5 of section 50-e of the General Municipal Law. Subdivision 4 of section 1212 of the Public Authorities Law clearly requires that a notice of claim be served in compliance with section 50-e of the General Municipal Law as a condition precedent to commencement of a tort action…
2Cases cited17 opinions
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Barchet v. New York City Transit AuthorityNew York Court of Appeals · 1967
- Camarella v. East Irondequoit Central School BoardNew York Court of Appeals · 1974
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Andersen v. Long Island RailroadNew York Court of Appeals · 1983
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