Statute of Limitations for Lawsuit Against the New York Transit Authority
In Hernandez v. New York City Tr. Auth. (41 Misc 2d 123 [Sup Ct, NY County 1963], affd 20 AD2d 968 [1st Dept 1964]), the court held that the statute of limitations for commencing an action against the Transit Authority was not tolled between the time of the Transit Authority's demand for an oral examination and the time the examination was actually held.
The court reasoned that, unlike claims brought pursuant to General Municipal Law 50-h, compliance with the demand for an examination is not a condition precedent to the plaintiff commencing an action against the Transit Authority.
The court stated:
"There is no prohibition in that section [Public Authorities Law 1212] to the commencement of an action until compliance with the demand for examination as provided in section 50-h of the General Municipal Law." (Id. at 124.)