Arrigo v. Metro-North Commuter Railroad

Full title: ANDREW ARRIGO, Appellant, v. METRO-NORTH COMMUTER RAILROAD, Respondent

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

Date published: Nov 18, 1997

244 A.D.2d 208 (N.Y. App. Div. 1997)

664 N.Y.S.2d 922

Opinion

November 18, 1997

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).

We reject plaintiff's contention that the information he provided to defendant's personnel on the day of the accident constituted a valid demand or claim in satisfaction of Public Authorities Law § 1276 (l). As there is no other evidence of a demand or claim having been presented within the one-year statutory period for commencing an action (Public Authorities Law § 1276), the complaint was properly dismissed. We have considered plaintiff's other contentions and find them to be without merit.

Concur — Murphy, P. J., Sullivan, Ellerin and Williams, JJ.