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McKENZIE v. PORT AUTHORITY OF NEW YORK

Index No. 24832/20E. 43488/20E. Appeal No. 14706. Case No. 2021-03034.

201 A.D.3d 572 (2022)

157 N.Y.S.3d 714

2022 NY Slip Op 00378

Roy McKenzie, Respondent, v. Port Authority of New York and New Jersey, Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided January 25, 2022.

Attorney(s) appearing for the Case

Varvaro, Cotter & Bender, White Plains ( Rose M. Cotter of counsel), for appellants.

Gruenberg Kelly Della, Ronkonkoma ( Zachary M. Beriloff of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.

A condition precedent to suit against the Port Authority is that the action be commenced within one year of the accrual of the cause of action (McKinney's Uncons Laws of NY § 7107 [L 1950, ch 301, § 7]; NJ Stat Ann § 32:1-163; see Trippe v Port of N.Y. Auth., 14 N.Y.2d 119, 123 [1964]). Thus, dismissal of the complaint as against the Port Authority for lack of subject matter jurisdiction is required, since plaintiff...

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