Fleming v. Long Island Railroad
New York Court of Appeals
Fleming v. Long Island Railroad, 59 N.Y.2d 895 (N.Y. 1983)
452 N.E.2d 1266; 465 N.Y.S.2d 938; 1983 N.Y. LEXIS 3221
Fleming v. Long Island Railroad
Opinion
OPINION OF THE COURT
Order affirmed, with costs, and question certified answered in the affirmative (Andersen v Long Is. R. R., 59 NY2d 657). We add only that because the demand provided for in subdivision 1 of section 1276 of the Public Authorities Law is a condition to consent of the State and the passage of 30 days since the demand is required to be alleged in the complaint, the lack of such a demand is not r. matter required by CPLR 3018 (subd [b]) to be pleaded a, an affirmative defense.
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.
Reference
- Full Case Name
- Mark Fleming Et Al., Appellants, v. Long Island Railroad, Respondent
- Cited By
- 5 cases
- Status
- Published