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HERNANDEZ v. NEW YORK CITY TR. AUTH.

41 Misc.2d 123 (1963)

Rafaela Hernandez, Plaintiff, v. New York City Transit Authority, Defendant.

Supreme Court, Special Term, New York County.

November 19, 1963

Attorney(s) appearing for the Case

Ernest Milchman, Joseph M. Irom and Milton Wittels for plaintiff. Daniel T. Scannell for defendant.

BIRDIE AMSTERDAM, J.

The accident occurred on February 27, 1960, the notice of claim was served on May 12, 1960, defendant's demand for examination of plaintiff was served June 3, 1960 and held on December 8, 1960. The action was commenced on May 31, 1961, which was one year, and 93 days after the occurrence.

Defendant argues that the action is time-barred, having been commenced more than 1 year and 30 days after the occurrence (Public Authorities...

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