Hernandez v. New York City Transit Authority

The accident occurred on February 27, 1960, the notice of claim was served on May 12, 1960, defendant’s demand for examination of plaintiff was served June 3, 1960 and held on December 8, 1960. The action was commenced on May 31, 1961, which was one year, and 93 days after the occurrence.

Defendant argues that the action is time-barred, having been commenced more than 1 year and 30 days after the occurrence (Public Authorities Law, § 1212, subds. 1, 2, 4; Civ. Prac. Act. § 24; Matter of Forastad v. New York City Tr. Auth., 13 A D 2d 836; Heeren v. New York City Tr. Auth., 231 N. Y. S. 2d 993).

P…