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BARCHET v. NEW YORK CITY TRANSIT AUTH.

24 A.D.2d 963 (1965)

Elizabeth Barchet, Respondent, v. New York City Transit Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 21, 1965

MEMORANDUM BY THE COURT.

Order entered May 19, 1965, granting plaintiff's motion to dismiss the affirmative defense and denying the cross motion to dismiss the complaint, reversed, on the law, without costs and without disbursements, the motion denied and the cross motion granted. The defense is that plaintiff failed timely to commence this action. Subdivision 2 of section 1212 of the Public Authorities Law requires a tort action against the defendant to be commenced...

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