Legal Opinion
Petroccitto v. Metro North Commuter Railroad
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 1988PublishedCited by 4 opinions
1Opinion of the Court
The plaintiff Mary Petroccitto was allegedly injured on May 2, 1985, when she fell while riding in a train which was allegedly under the control and operation of the defendant. The plaintiffs’ claims against the defendant were interposed on June 16, 1986, when a summons and complaint were served. The complaint alleged that the defendant was a "direct subsidiary of the Metropolitan Transportation Authority”.
The defendant made a motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the basis that the plaintiffs’ action had not been commenced within one year and 30 days of the…
2Cases cited6 opinions
- Nasaba Corp. v. Harfred Realty Corp.New York Court of Appeals · 1942
- Lyons v. QuandtAppellate Division of the Supreme Court of the State of New York · 1982
- Penner v. National Railroad Passenger Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Geloromo v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1986
- Wenning v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by4 opinions
- Barone v. BaroneAppellate Division of the Supreme Court of the State of New York · 2015
- Celli v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 1995
- Hampton v. StateNew York Court of Claims · 1995
- People v. WolfAppellate Terms of the Supreme Court of New York · 1995