Legal Opinion

In the Matter of New York City Asbestos Litigation v. Aluminum Company of America

New York Court of Appeals

Decided November 20, 2014No. 185PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

A statute requires anyone who brings a lawsuit against the Port Authority of New York and New Jersey first to serve a notice stating the nature of the claim. We hold that under this statute a notice of a claim for personal injuries is a sufficient notice of a claim for wrongful death, where the person injured dies of his injuries between the service of the notice of claim and the beginning of the lawsuit.

I

The Port Authority was created in 1921 by a bistate compact between New York and New Jersey. As an agency of two sovereign states, it cannot be sued without a…

2Cases cited8 opinions

  1. Lepkowski v. State of NYNew York Court of Appeals · 2003
  2. Kolnacki v. StateNew York Court of Appeals · 2007
  3. Lichtenstein v. StateNew York Court of Appeals · 1999
  4. ZAMEL, ET UX. v. Port of NY AuthoritySupreme Court of New Jersey · 1970
  5. Holmes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945

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3Cited by12 opinions

  1. Carol Artibee v. Home Place CorporationNew York Court of Appeals · 2017
  2. Kimball Brooklands Corp. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  3. Davila Ex Rel. Estate of Bonilla v. StateAppellate Division of the Supreme Court of the State of New York · 2016
  4. Gabbur v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
  5. D. G. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2023

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