Alfred J. Niemczyk Et Al. v. Henry L. Pawlak

We are asked to interpret the time limitations contained in section 1299-p of the Public Authorities Law. That section, in general, provides that "[as] a condition to the consent of the state to * * * suits against the authority * * * the complaint shall contain an allegation that at least thirty days have elapsed since the demand, claim or claims upon which such action is founded were presented * * * and the authority has * * * refused * * * payment thereof" (Public Authorities Law, § 1299-p, subd 1). Subdivision 2 of the same section contains a one-year Statute of Limitations for actions against the authority founded on tort and also states that an action against the authority shall not be commenced unless a notice of claim has been served in compliance with section 50-e of the General Municipal Law (Public Authorities Law, § 1299-p, subd 2). Because an amendment to section 1299-p depleted the requirement of service of a notice of claim on a subsidiary of a public authority, the issue presented in this case is whether service on Niagara Frontier Transit Metro System, Inc. (NFT Metro), a subsidiary of the Niagara Frontier Transportation Authority, was timely made. For the reasons which follow, we believe that it was.