Legal Opinion
Fleming v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Decided July 20, 1987PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Harwood, J.
This action stems from an incident which occurred on April 10, 1979, when the plaintiff Mark Fleming allegedly sustained injuries as a result of a fall between the station platform and the railroad car of a Long Island Railroad commuter train from which he was disembarking at the Jamaica Station.
In a prior decision in this case (see, Fleming v Long Is. R. R., 88 AD2d 328, affd 59 NY2d 895), we held that the requirement of pleading that 30 days had elapsed since making a demand pursuant to Public Authorities Law § 1276 (1) survived the 1976 amendment to Public…
2Cases cited14 opinions
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- 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
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3Cited by3 opinions
- Tall v. Town of CortlandtDistrict Court, S.D. New York · 1989
- Treanor v. Metropolitan Transportation AuthorityDistrict Court, S.D. New York · 2005
- Rogan v. Sear-Brown GroupNew York Supreme Court · 2000