Andersen v. Long Island Railroad

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The factual and procedural background out of which this appeal arises is set forth in the opinion at the Appellate Division (88 AD2d 328).

The 1976 amendment to section 1276 of the Public Authorities Law did not abolish the requirement that there be presented a demand to be followed by a 30-day waiting period prior to the institution of an action such as the present. Before that amendment, subdivisions 1, 2 and 6 provided as follows:

*660“Actions against the authority.

“1. As a condition to the consent…