Legal Opinion
Martin v. Manhattan & Bronx Surface Transit Operating Authority
Appellate Division of the Supreme Court of the State of New York
Decided November 23, 1993PublishedCited by 6 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered October 27, 1992, which, inter alia, granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.
It is not disputed that this personal injury action is based on an accident which took place on December 6, 1988, and that it was commenced on July 26, 1990, more than one year and 90 days later (see, Public Authorities Law § 1212 [2]). Defendant’s claim that the action is time-barred was properly preserved as an affirmative defense in the first responsive pleading and then asserted as dispositive on the…
2Cases cited3 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- American Express Bank Ltd. v. Uniroyal, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- City of New York v. StackAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by6 opinions
- Balsamo v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
- Dovin Construction, Inc. v. C. Raimondo & Sons Construction Co.Appellate Division of the Supreme Court of the State of New York · 2006
- Tchaika Renewal Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Soho Plaza Corp. v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
- Rosenberg v. MazzoneAppellate Division of the Supreme Court of the State of New York · 1998
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