In Hernandez v. New York City Transit Authority (41 Misc 2d 123, 245 N.Y.S.2d 43 [Sup Ct, NY County 1963], affd 20 AD2d 968, 251 N.Y.S.2d 415 [1st Dept 1964]), the court ruled that compliance with a demand for a hearing before the New York City Transit Authority pursuant to Public Authorities Law § 1212 (5) is not a condition precedent to suit.
The court reasoned:
"There is no prohibition in that section to the commencement of an action until compliance with the demand for examination as provided in section 50-h of the General Municipal Law.
Nor can it be held that section 1212 of the Public Authorities Law must be read in the light of the provisions of section 50-h of the General Municipal Law. Section 1212, insofar as it refers to the General Municipal Law, does so only with respect to section 50-e and the serving of notice." (Id. at 124.)