Legal Opinion
All-State Auto Rental Corp. v. Manhattan & Bronx Surface Transit Operating Authority
Civil Court of the City of New York
Decided May 31, 1968Published
1Opinion of the CourtArnold L. Fein, J.
In this action to recover for property damage the parties waived trial by jury and submitted the case on an agreed statement of facts, by stipulation. The accident occurred on April 27, 1965. A timely notice of claim pursuant to statute was served on May 19,1965. The summons and complaint were served on June 6, 1966. Defendant’s answer was served on June 14, 1966, affirmatively pleading, as a defense, plaintiff’s failure to commence the action within the time limited by section 1212 of the Public Authorities Law.
The accident having occurred on April 27, 1965, the cause of action then accrued…
2Cases cited6 opinions
- Dickinson v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Amex Asphalt Corporation v. City of New YorkNew York Court of Appeals · 1942
- Amex Asphalt Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
- Javet v. City of New YorkNew York Supreme Court · 1946
- Hernandez v. New York City Transit AuthorityNew York Supreme Court · 1963
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