Legal Opinion

Rains v. Metropolitan Transportation Authority

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 1986PublishedCited by 11 opinions

1Opinion of the Court

— In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Harwood, J.), entered May 21, 1984, which denied their motion to strike the defendant’s affirmative defenses and granted the defendants’ cross motion to dismiss the complaint.

Judgment affirmed, with costs.

Special Term correctly concluded, following a hearing, that the defendants should not be estopped from asserting the Statute of Limitations as a defense. There was no evidence that the defendants’ claims manager willfully intended to mislead the…

2Cases cited4 opinions

  1. Luka v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
  2. Luka v. New York City Transit AuthorityNew York Court of Appeals · 1984
  3. Rosas v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
  4. Famulare v. Huntington HospitalAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by11 opinions

  1. Park Associates v. Crescent Park Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  2. Anonymous v. AnonymousNew York Supreme Court · 1992
  3. Doe v. RoeAppellate Division of the Supreme Court of the State of New York · 1993
  4. Cauldwest Realty Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
  5. Kiernan v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1994

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