Barchet v. New York City Transit Authority

Plaintiff, in this personal injury negligence action, moves for dismissal of the affirmative defense pleaded and the defendant, New York City Transit Authority, cross-moves for dismissal of the complaint. Both the main and the cross motion are based upon arguments founded upon the same facts. Both raise the same issue — whether this court has the power to uphold the institution of an action against a public authority, as defendant, more than one year and 30 days after the accrual of the cause of action.

Defendant urges that this court is without such power, relying upon the provisions of…