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Umansky v. New York Metro. Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1985
111 A.D.2d 918 (N.Y. App. Div. 1985)

Opinion

June 24, 1985

Appeal from the Supreme Court, Nassau County (Lockman, J.).


Order affirmed, without costs or disbursements.

Plaintiff challenges on equal protection grounds the validity of the Statute of Limitations provided for tort actions against the Long Island Rail Road and the Metropolitan Transportation Authority. Whatever the law may be in other jurisdictions ( see, Jenkins v. State, 85 Wn.2d 883, 540 P.2d 1363), it is well settled in this State that limitations imposed on actions as a condition of the State's limited waiver of sovereign immunity are matters of legislative discretion not amenable to an equal protection challenge ( Matter of Brown v. Board of Trustees, 303 N.Y. 484, 489; Pausley v. Chaloner, 54 A.D.2d 131, 133, appeal dismissed 41 N.Y.2d 900, lv denied 41 N.Y.2d 805). Mollen, P.J., Lazer, Mangano and Brown, JJ., concur.


Summaries of

Umansky v. New York Metro. Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1985
111 A.D.2d 918 (N.Y. App. Div. 1985)
Case details for

Umansky v. New York Metro. Transit Authority

Case Details

Full title:CLAIRE UMANSKY, Appellant, v. NEW YORK METROPOLITAN TRANSIT AUTHORITY et…

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

Date published: Jun 24, 1985

Citations

111 A.D.2d 918 (N.Y. App. Div. 1985)

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