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Knotts v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 664 (N.Y. App. Div. 2004)

Opinion

2003-06567.

Decided April 26, 2004.

Wallace D. Gossett, New York, N.Y. (Steven S. Efron of counsel), for appellants.

Kenneth J. Ready, Mineola, N.Y., for respondents.

Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.


DECISION ORDER

In an action to recover damages for personal injuries, etc., the defendants New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority appeal from an order of the Supreme Court, Kings County (Knipel, J.), dated May 27, 2003, which, in effect, denied their motion to dismiss the complaint insofar as asserted against them pursuant to Public Authorities Law § 1212(5), upon the condition that the plaintiffs appear for an oral examination on a date certain.

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellants.

The plaintiffs failed to appear for an oral examination pursuant to Public Authorities Law § 1212(5) at any time before the commencement of their action. Because compliance with Public Authorities Law § 1212(5) is a condition precedent to the commencement of an action against the appellants, the action should be dismissed insofar as asserted against the appellants, without prejudice to the plaintiffs' rights pursuant to CPLR 205(a) ( see Lo Guercio v. New York City Tr. Auth., 31 A.D.2d 759).

SANTUCCI, J.P., SMITH, LUCIANO and ADAMS, JJ., concur.


Summaries of

Knotts v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 664 (N.Y. App. Div. 2004)
Case details for

Knotts v. City of New York

Case Details

Full title:JEANETTE KNOTTS, ETC., ET AL., respondents, v. CITY OF NEW YORK, ET AL.…

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

Date published: Apr 26, 2004

Citations

6 A.D.3d 664 (N.Y. App. Div. 2004)
775 N.Y.S.2d 188

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