Penner v. National R.R. Passenger Corp.
| Decision Date | 08 December 1983 |
| Parties | Harold PENNER, et al., Plaintiffs-Respondents, v. NATIONAL RAILROAD PASSENGER CORP., et al., Defendants, and Long Island Railroad, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
L.Q. Marett, Brooklyn, for plaintiffs-respondents.
P.R. Macher, Brooklyn, for defendant-appellant.
Before ASCH, J.P., and SILVERMAN, FEIN, LYNCH and KASSAL, JJ.
Order, Supreme Court, New York County, entered January 4, 1983 denying defendant appellant Long Island Railroad's cross-motion for summary judgment to dismiss the complaint, is, so far as appealed from by said defendant, unanimously reversed, on the law, without costs, and said cross-motion is granted and the complaint is dismissed on the ground that the action against said defendant is barred by the statute of limitations.
Defendant Long Island Railroad is a wholly owned subsidiary of the Metropolitan Transportation Authority. Pursuant to Public Authorities Law § 1276 subds. 1, 2 and 6 the effective statute of limitations for actions in tort against the Long Island Railroad is one year and 30 days after the occurrence of the alleged tort. Andersen v. Long Island Railroad, 88 A.D.2d 328, 453 N.Y.S.2d 203, aff'd 59 N.Y.2d 657, 463 N.Y.S.2d 407, 450 N.E.2d 213. As the accident occurred on December 23, 1980, and the action was not begun until February 8, 1982, it was not begun within the period of one year and 30 days and is thus barred by the statute of limitations. There was no showing of any conduct on the part of defendant Long Island Railroad, or its agents, that would estop said defendant from interposing the defense of the statute of limitations.
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D'Andrea v. Long Island R. Co.
...we fixed the date of accrual for purposes of section 1276 to be the date on which the decedent died, and, in Penner v. National R.R. Passenger Corp., 98 A.D.2d 631, 469 N.Y.S.2d 385, the Appellate Division, First Department, held that the Statute of Limitations contained in section 1276 ran......
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Celli v. Metro-North Commuter RR, 95 Civ. 1593 (JGK).
...for tort actions against the MTA and the Long Island Railroad, a subsidiary corporation); Penner v. National R.R. Passenger Corp., 98 A.D.2d 631, 469 N.Y.S.2d 385, 386 (1st Dep't 1983) (§ 1276 applies to actions against the Long Island Second, with respect to the issue of estoppel, the plai......
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Cassandro v. Metropolitan Suburban Bus Authority
...thirty days (see, e.g., Yasus v. Metropolitan Transportation Authority, 128 A.D.2d 389, 512 N.Y.S.2d 397; Penner v. National R.R. Passenger Corp., 98 A.D.2d 631, 469 N.Y.S.2d 385). The issue presented is whether the waiver of sovereign immunity and consent to suit by the State and this part......
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Dawson v. Langner
...and also because there is no indication that the claim was for wrongful death, we place no reliance on Penner v. National R.R. Passenger Corp., 98 A.D.2d 631, 469 N.Y.S.2d 385. The cause of action for wrongful death was unknown to the common law and is purely a creation of statute (Crapo v.......