New York Court of Appeals

Elizabeth Barchet v. New York City Transit Authority

May 25, 196720 N.Y.2d 1

Summary

The Court of Appeals held that the one‑year statute of limitations was tolled while the plaintiff sought court leave to file a late notice of claim, making the action timely filed; the Appellate Division's dismissal was reversed. Justice Breitel dissented, arguing the tolling provision did not apply and the action should have been dismissed.