It is not disputed that this personal injury action is based on an accident which took place on December 6, 1988, and that it was commenced on July 26, 1990, more than one year and 90 days later (see, Public Authorities Law § 1212 [2]). Defendant's claim that the action is time-barred was properly preserved as an affirmative defense in the first responsive pleading and then asserted as dispositive on the instant motion (see, Connell v Hayden,
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MARTIN v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.
198 A.D.2d 160 (1993)
604 N.Y.S.2d 65
Jessie Martin, Appellant, v. Manhattan and Bronx Surface Transit Operating Authority et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 23, 1993
November 23, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
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