Legal Opinion · Dissent
Barchet v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 1965Published
1Dissent
Eager, J. (dissenting).
This is an appeal from an order, entered May 19, 1965, granting plaintiff’s motion to dismiss the affirmative defense of defendant Transit Authority alleging that the action was not brought within the time limited by section 1212 of the Public Authorities Law. The order also denied defendant’s cross motion to dismiss the complaint.
Special Term correctly held that the action was not barred by the Statute of Limitations.
The plaintiff, suing to recover for personal injuries due to the negligence of the defendant, alleges that the accident occurred on December 23, 1963. Her…
2Cases cited12 opinions
- Dickinson v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Amex Asphalt Corporation v. City of New YorkNew York Court of Appeals · 1942
- Brehm v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Amex Asphalt Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
- Sullivan v. City of WatervlietAppellate Division of the Supreme Court of the State of New York · 1954
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