(Download) "Hartl-Oleary v. Green Bus Lines Corp." by Supreme Court, Queens County New York * eBook PDF Kindle ePub Free
eBook details
- Title: Hartl-Oleary v. Green Bus Lines Corp.
- Author : Supreme Court, Queens County New York
- Release Date : January 20, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
In this action to recover for personal injuries, the third party defendant, The Port Authority of New York and New Jersey, has moved to dismiss the third party complaint based on lack of subject matter jurisdiction. The motion was made orally, immediately after the jury rendered its verdict, following a bifurcated trial of the liability issues. It is predicated on the failure of the third party plaintiff, Green Bus Lines, Inc., to comply with the notice requirements for the commencement of an action against the Port Authority, set forth in Mc Kinneys Unconsolidated Laws Section 7107. This statute provides that any suit, action or proceeding against the Port Authority "shall be commenced within one yearafter the cause of action therefor shall have accrued", and "in the case of any suit, action or proceeding for the recovery or payment of money ... a notice of claim shall have been served upon the Port Authority by or on behalf of the plaintiff or plaintiffs at least sixty days before such suit, action or proceeding is commenced." These provisions parallel those found in other statutes which govern the commencement of actions against municipalities and public corporations. (See, General Municipal Law 5-e and 50-i; Education Law 3813; Village Law 341- b; County Law 52)
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