Allmeroth v. Triborough Bridge & Tunnel Authority

Plaintiff brings this action sounding in negligence. Defendant moves to dismiss the complaint on the ground that it fails to state a cause of action.

The accident in this case happened on November 14, 1953. Notice of intention to sue was served on April 13, 1954, just short of five months after the occurrence. The question involved *530in this application is the applicability of section 50-e of the General Municipal Law.

The defendant, Triborough Bridge and Tunnel Authority, is a public benefit corporation (Kennedy v. Fehlhaber Pile Co., 263 App. Div. 819). As such, it is a public corporation,…