Simon v. Capital District Transportation Authority

OPINION OF THE COURT

Lawrence E. Kahn, J.

Defendant moves for summary judgment pursuant to CPLR 3212 dismissing the complaint, upon its affirmative defense that the action is barred by the applicable Statute of Limitations. The action seeks to recover for personal injuries alleged to have been sustained, due to the negligent operation of defendant’s bus on August 18, 1980.

On October 17, 1980, plaintiff served a notice of claim upon the defendant Capital District Transportation Authority (CDTA). On December 1, 1980, plaintiff was noticed for a hearing concerning his notice of claim. Said demand…