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STAMPF v. METROPOLITAN TRANSP. AUTH.

57 A.D.3d 222 (2008)

868 N.Y.S.2d 641

MELISSA STAMPF, Respondent, v. METROPOLITAN TRANPORTATION AUTHORITY et al., Appellants.

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

December 2, 2008.

The motion court properly determined that the action against the LIRR was timely commenced. There is no requirement that a notice of claim be served upon LIRR, a subsidiary of the MTA (see Public Authorities Law § 1276 [6]), and the detailed letter sent to the LIRR by petitioner's former attorney constituted the requisite demand on the LIRR (see Public Authorities Law § 1276 [1]), and tolled the one-year statute of limitations, giving petitioner up...

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