27 Cited authorities

Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.
89 N.Y.2d 214 (N.Y. 1996) Cited 410 times
Holding that CPLR § 214 applies to a cause of action to recover payments of first-party benefits by the Motor Vehicle Accident Indemnification Corporation, a statutorily created body, against the insurer of a vehicle who denied no-fault coverage
Matter of Medical Society of the State v. Serio
100 N.Y.2d 854 (N.Y. 2003) Cited 249 times
Holding that a provision in New York Insurance Law providing that “[t]he superintendent shall have the power to prescribe and from time to time withdraw or amend, in writing, regulations, not inconsistent with the provisions of [the Insurance Law] ... does not cede to the executive branch fundamental legislative or policymaking authority, which remains at all times with the Legislature”
Aetna Life & Casualty Co. v. Nelson
67 N.Y.2d 169 (N.Y. 1986) Cited 197 times
Holding that a claim accrues when "all of the facts necessary to the cause of action have occurred so that the party would be entitled to obtain relief in court"
Duffy v. Horton Mem. Hosp
66 N.Y.2d 473 (N.Y. 1985) Cited 179 times 1 Legal Analyses
Noting that, ordinarily, the statute of limitations would apply to claims asserted against newly added parties who have "been a complete stranger to the suit up to the point of the requested amendment," but acknowledging that permitting the amendment to relate back to that defendant would not be at odds with the policies underlying the statute of limitations where "within the statutory period, . . . defendant is fully aware that a claim is being made against him with respect to the transaction or occurrence involved in the suit"
Adams v. New York City Transit Authority
88 N.Y.2d 116 (N.Y. 1996) Cited 99 times
Dismissing action against transit authority defendant, finding that employee who assaulted plaintiff was not acting within the scope of her employment
Hartnett v. New York City Transit Authority
86 N.Y.2d 438 (N.Y. 1995) Cited 58 times
In Hartnett, 86 N.Y.2d at 446-47, the New York Court of Appeals held that case law interpreting OSHA is "not binding" in construing PESHA because, unlike OSHA, PESHA applies to State public sector employers.
Matter of Allstate Insurance Company v. Shaw
52 N.Y.2d 818 (N.Y. 1980) Cited 69 times
In Allstate Ins. Co. v Shaw (52 NY2d 818 [1980]), this Court resolved the question whether self-insured entities were required to provide uninsured motorist benefits.
Gelfand v. Tanner Motor Tours, Ltd.
339 F.2d 317 (2d Cir. 1964) Cited 86 times
Holding nexus requirement was not met where plaintiff purchased bus tickets from an independent travel agent in New York, but sued for accident that happened outside of New York
N.Y.C. Transit Auth. v. Hill
107 A.D.3d 897 (N.Y. App. Div. 2013) Cited 9 times
2013-06-19 In the Matter of NEW YORK CITY TRANSIT AUTHORITY, appellant, v. Kenneth HILL, respondent. Jones Jones, LLC, New York, N.Y. (Ryan F. Blackmer of counsel), for appellant. Sim & Record, LLP, Bayside, N.Y. (Sang J. Sim of counsel), for respondent. MARK C. DILLON Jones Jones, LLC, New York, N.Y. (Ryan F. Blackmer of counsel), for appellant. Sim & Record, LLP, Bayside, N.Y. (Sang J. Sim of counsel), for respondent. MARK C. DILLON, J.P., DANIEL D. ANGIOLILLO, CHERYL E. CHAMBERS, and SYLVIA HINDS–RADIX
In re Elrac, Inc.
38 A.D.3d 544 (N.Y. App. Div. 2007) Cited 13 times
In Elrac, Inc., we interpreted the Workers' Compensation Law and determined that the phrase "any other liability whatsoever" could not be interpreted literally to bar an employee from recovering uninsured motorist benefits from an employer (id. at 328).

Contact Chiropractic, P.C., as Assignee of Girtha Butler, Respondent,v.New York City Transit Authority, Appellant.

27 Cited authorities

Holding that CPLR § 214 applies to a cause of action to recover payments of first-party benefits by the Motor Vehicle Accident Indemnification Corporation, a statutorily created body, against the insurer of a vehicle who denied no-fault coverage

Holding that a claim accrues when "all of the facts necessary to the cause of action have occurred so that the party would be entitled to obtain relief in court"

Dismissing action against transit authority defendant, finding that employee who assaulted plaintiff was not acting within the scope of her employment

In Hartnett, 86 N.Y.2d at 446-47, the New York Court of Appeals held that case law interpreting OSHA is "not binding" in construing PESHA because, unlike OSHA, PESHA applies to State public sector employers.

In Allstate Ins. Co. v Shaw (52 NY2d 818 [1980]), this Court resolved the question whether self-insured entities were required to provide uninsured motorist benefits.

Holding nexus requirement was not met where plaintiff purchased bus tickets from an independent travel agent in New York, but sued for accident that happened outside of New York

In Elrac, Inc., we interpreted the Workers' Compensation Law and determined that the phrase "any other liability whatsoever" could not be interpreted literally to bar an employee from recovering uninsured motorist benefits from an employer (id. at 328).