O'Connor v. Long Island Railroad

The Long Island Railroad, the defendant in this action, based upon the wrongful death and conscious pain and suffering of plaintiffs’ intestate, moves for summary judgment. Plaintiffs cross-move for leave to file a late notice of claim and summons and complaint.

Plaintiffs’ intestate, an infant, was allegedly killed through defendant’s negligence on August 5, 1972. Plaintiffs commenced this action on March 5, 1975. Despite defendant’s contention to the contrary, plaintiffs’ failure to file a notice of claim is no bar to their prosecution of the instant action. In 1976, subdivision 6 of section…