Legal Opinion
Fleming v. Long Island Railroad
New York Court of Appeals
Decided October 20, 1988PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
*999The certified question raises the issue of whether failure to comply with the provisions of Public Authorities Law § 1276 (1), resulting in the dismissal of the action, precludes commencement of a second action pursuant to CPLR 205 (a) within six months of that dismissal. We conclude that it does not.
While disembarking from a Long Island Railroad car on April 10, 1979, plaintiff Mark Fleming was injured when he fell between the station…
2Cases cited5 opinions
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- Markoff v. South Nassau Community HospitalNew York Court of Appeals · 1984
- Erickson v. . MacYNew York Court of Appeals · 1923
3Cited by16 opinions
- Yonkers Contracting Co. v. Port Authority Trans-Hudson Corp.New York Court of Appeals · 1999
- Winston v. Freshwater Wetlands Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1996
- Kelly v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1991
- Meneely v. Hitachi Seiki USAAppellate Division of the Supreme Court of the State of New York · 1991
- ACE Securities Corp. v. DB Structured Products, Inc.New York Supreme Court · 2016
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