Demand Prior to Bringing An Action In New York
In Fleming v. Long Is. R. R. (72 NY2d 998 ) the Court ruled that CPLR 205 (a) was available to a plaintiff who had previously failed to comply with demand provisions of Public Authorities Law 1276 (1).
Public Authorities Law 1276 (1) is similar to CPLR 214-d in that it requires a plaintiff both to have made a "demand" prior to bringing the action, and to also allege in the complaint that the demand has been made. That Court found that the prior service of the summons and complaint constituted an action timely commenced, even though the plaintiff had neither made the demand nor alleged in the complaint compliance with the requirements of Public Authorities Law 1276 (1).