STILLMAN v. NEW JERSEY TRANSIT


224 A.D.2d 348 (1996)

638 N.Y.S.2d 65

Neil L. Stillman, Appellant, v. New Jersey Transit et al., Defendants, and Metropolitan Transportation Authority et al., Respondents

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

February 27, 1996


We reject plaintiff's contention that the Statute of Limitations was tolled from the time the notice to appear for an oral deposition was served until the time that examination was completed. Public Authorities Law § 1276 does not require that a plaintiff wait until an oral examination has been completed before filing the summons and complaint. Moreover, "[t]he statute contemplates and requires only a 30-day waiting period [following service of the notice of claim on...

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