Legal Opinion

Wenning v. Metropolitan Transportation Authority

New York Supreme Court

Decided June 26, 1984PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Stanley Harwood, J.

Motion by defendants to dismiss the action as time barred is denied.

According to the documents submitted on this motion, on September 9, 1982, plaintiff, who is blind, fell to the railroad tracks from a passenger platform owned or operated by defendants. Plaintiff was seriously injured, hospitalized for two months, underwent a lengthy home confinement and will suffer a permanent shortening of his leg. He timely filed a notice of claim (see Public Authorities Law, § 1276, subd 2; see, also, General Municipal Law, § 50-e) and in December, 1982, defendants…

2Cases cited9 opinions

  1. Martin v. City of CohoesNew York Court of Appeals · 1975
  2. McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
  3. Robinson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1965
  4. Andersen v. Long Island RailroadNew York Court of Appeals · 1983
  5. Andersen v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1982

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3Cited by1 opinion

  1. Wenning v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1985

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