Legal Opinion

Eisenbach v. Metropolitan Transportation Authority

New York Court of Appeals

Decided June 29, 1984PublishedCited by 29 opinions

APPEARANCES OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Appellant, Robert Eisenbach, in November 1982 commenced this negligence action against respondents, Metropolitan Transportation Authority and Long Island Railroad, alleging that in August 1981, while a passenger, he fell from one of respondents’ trains and was struck by another, sustaining extensive physical injuries. Respondents moved to dismiss the complaint as time-barred (CPLR 3211, subd [a], par 5). The parties have agreed that the applicable limitations period is one year and 30 days; this…

2Cases cited3 opinions

  1. McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
  2. De Gogorza v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
  3. Claim of Hurd v. County of AlleganyAppellate Division of the Supreme Court of the State of New York · 1972

3Cited by29 opinions

  1. La Russo v. St. George's University School of MedicineCourt of Appeals for the Second Circuit · 2014
  2. Barnes v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1984
  3. Hargraves v. Armco Foods, Inc., Texas Court of Appeals, 3rd District (Austin)1995
  4. Anonymous v. AnonymousNew York Supreme Court · 1992
  5. Fisher v. Ohio UniversityOhio Supreme Court · 1992

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