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Brauner v. Metro-North Commuter Railroad Co.

Appellate Division of the Supreme Court of New York, First Department
May 23, 1996
227 A.D.2d 306 (N.Y. App. Div. 1996)

Opinion

May 23, 1996

Appeal from the Supreme Court, New York County (William Davis, J.).


In this action for damages arising out of personal injuries allegedly sustained by plaintiff when he was attacked by three unidentified men on the railroad platform waiting area in Mount Vernon, New York, the IAS Court properly dismissed the complaint as time-barred. It is undisputed that plaintiffs failed to commence their action against defendant within the applicable period of limitations. Contrary to plaintiffs' contentions, there is no proof on the record that defendant agreed to waive its defense under the Statute of Limitations. Nor is defendant estopped from raising this defense by engaging plaintiffs in what appear to be preliminary settlement discussions through its insurance company ( Kiernan v. Long Is. R.R., 209 A.D.2d 588, appeal dismissed and lv denied 85 N.Y.2d 934). Such action was not calculated to mislead plaintiffs, nor have plaintiffs demonstrated that they failed to commence the action timely in reliance thereon ( supra).

Concur — Sullivan, J.P., Milonas, Rubin, Tom and Mazzarelli, JJ.


Summaries of

Brauner v. Metro-North Commuter Railroad Co.

Appellate Division of the Supreme Court of New York, First Department
May 23, 1996
227 A.D.2d 306 (N.Y. App. Div. 1996)
Case details for

Brauner v. Metro-North Commuter Railroad Co.

Case Details

Full title:THOMAS BRAUNER et al., Appellants, v. METRO-NORTH COMMUTER RAILROAD…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 23, 1996

Citations

227 A.D.2d 306 (N.Y. App. Div. 1996)
642 N.Y.S.2d 677

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