Tharps v. City of New York

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division granting the motion to dismiss the complaint should be reversed, with costs, and the complaint reinstated.

The limitations period applicable to actions for assault was reduced by the Legislature in 1962 to one year. When in 1969 the Legislature extended the period of limitations applicable to an action against the Transit Authority “founded on tort” to one year and 90 days it was, therefore, aware that some torts, including assault, were governed by a lesser, one-year period. Having failed to differentiate between types of tort…