Freeney v. Macko

— Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs were injured on April 28, 1987 when the vehicle in which they were riding was struck by a bus owned by C.N.Y. Centro, Inc. (Centro) and operated by defendant Gary Macko. Plaintiffs commenced a negligence action against Centro on July 22, 1988, which was dismissed as untimely under the applicable one year Statute of Limitations for tort suits against a public authority (see, Public Authorities Law § 1342 [2]). On June 16, 1989 plaintiffs commenced the instant action against…