A
person has one year from the date a claim accrues to commence an
action against a public authority such as LIRR (Public Authorities
Law §1276(2). The complaint must contain an allegation that at least
30 days have elapsed since the authority was presented with a demand
or claim and that the authority has neglected or refused to adjust or
pay the claim. This “stay” of 30 days is not counted as part of
the limitations period and the plaintiff therefore may serve a
complaint at any time up to one year and 30 days after the claim has
accrued.
— by Richard A. Klass, Esq.
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copyr. 2014 Richard A. Klass, Esq.
The firm's website: www.CourtStreetLaw.com
Richard A. Klass, Esq., maintains a law firm engaged in civil litigation in Brooklyn Heights, New York.
He may be reached at (718) COURT-ST or e-ml to RichKlass@courtstreetlaw.com with any questions.
Prior results do not guarantee a similar outcome.
