Opinion
January 12, 1999.
Appeal from the Supreme Court, New York County (Robert Lippmann, J.).
Plaintiff was excused by General Municipal Law § 205-e (2) from the requirement to serve and file a notice of claim on the New York City Transit Authority (NYCTA) within 90 days of the accrual of his cause of action.
The reasoning employed by the IAS Court, and its reliance upon Huebner, v. New York City Tr. Auth. ( 226 A.D.2d 678), were rejected by the Court of Appeals in Schiavone v. City of New York ( 92 N.Y.2d 308). The Court there disagreed with the Second Department's conclusion that section 205-e Gen. Mun. of the General Municipal Law applied only to claims arising between January 1, 1987 and July 12, 1989. It ruled that the statute "should be interpreted to encompass any claims, such as plaintiffs, for non-premises-related accidents occurring on or after January 1, 1987, and on or before July 17, 1992, the effective date of the 1992 amendment" ( supra, at 315).
Plaintiff's claim accrued on November 7, 1989, and his action was commenced June 28, 1993, two days shy of the statute's (former) June 30, 1993 deadline. Consequently, pursuant to the July 17, 1992 amendment to General Municipal Law § 205-e, plaintiff was not required to serve and file a notice of claim upon defendant NYCTA.
Concur — Rosenberger, J.P., Williams, Mazzarelli and Saxe, JJ.