O'Connor v. Long Island Railroad

In an action to recover damages for wrongful death and conscious pain and suffering, plaintiffs appeal from an order of the Supreme Court, Queens County, dated April 13, 1977, which granted defendant’s motion for summary judgment and denied their cross motion to serve and file a summons and complaint and a "Notice of Intention to Make Claim” nunc pro tunc. Order affirmed, without costs or disbursements. The acts upon which this action is based occurred on August 5, 1972. By order dated August 10, 1973, plaintiffs were permitted to serve and file a notice of claim against the Metropolitan…