Valle v. New York City Transit Authority

This is a motion to compel the defendant to accept the complaint. The cause of action arose on August 27, 1961 and a notice of claim was timely served on November 15, 1961. The plaintiff served a summons on August 24, 1962 and the defendant served a notice of appearance with demand for the complaint on August 28, 1962. The complaint, thereafter served on August 13, 1963 was refused on the ground of late service.

A personal injury action against the Transit Authority must be commenced within one year after the cause of action accrued (Public Authorities Law, § 1212; Heeren v. New York City Tr.…