Cervenka v. New York City Transit Authority
| Decision Date | 26 June 1995 |
| Citation | 216 A.D.2d 511,628 N.Y.S.2d 405 |
| Parties | Daria CERVENKA, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Albert C. Cosenza, Brooklyn (Daniel Topper, of counsel), for appellant.
Thomas F. Bello, Staten Island (Santo A. Barravecchio, of counsel), for respondent.
Before MANGANO, P.J., and O'BRIEN, RITTER, PIZZUTO and FLORIO, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for employment discrimination pursuant to Executive Law § 296, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), entered February 3, 1994, as, upon reargument, denied that branch of the defendant's motion which was to dismiss the plaintiff's first cause of action based on her failure to serve a notice of claim.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Pursuant to Public Authorities Law § 1212(2):
"An action against the authority founded on tort shall not be commenced more than one year and ninety days after the happening of the event upon which the claim is based, nor unless a notice of claim shall have been served on the authority within the time limited, and in compliance with all the requirements of section fifty-e of the general municipal law".
Inasmuch as an action brought pursuant to Executive Law § 296 is not a tort action (see, Lane-Weber v. Plainedge Union Free School Dist., 213 A.D.2d 515, 624 N.Y.S.2d 185), the plaintiff was not required to serve a notice of claim on the defendant.
To continue reading
Request your trial
-
Robins v. Max Mara, USA, Inc.
...Id. at 39, 606 N.Y.S.2d 167. While it is clear that an employment discrimination claim is not a tort, Cervenka v. New York City Transit Auth., 628 N.Y.S.2d 405, 405 (2d Dep't.1995), the claim is still a case of conduct regulation. Therefore the state interest test applies. Under that test, ......
-
Treanor v. Metropolitan Transp. Authority
...L. § 1212). Accord Zerilli v. New York City Transit Auth., 973 F.Supp. 311, 325 (E.D.N.Y.1997); Cervenka v. New York City Transit Auth., 216 A.D.2d 511, 628 N.Y.S.2d 405, 405 (2d Dep't 1995) (citing Lane-Weber v. Plainedge Union Free School Dist., 213 A.D.2d 515, 624 N.Y.S.2d 185, 186 (2d D......
-
Paskiewicz v. N.A.A.C.P.
... ... James I. Meyerson, New York City, for appellants ... Liddle, Robinson ... ...
-
Charos v. Esseks, Hefter & Angel
... ... Supreme Court of New York, Appellate Division, ... Second Department ... June 26, 95 ... Frank A. Andrea III, Garden City, for appellant ... Wilson, Elser, ... ...