Statute of limitations

Contact Chiropractic, P.C. v New York City Tr. Auth., 2016 NY Slip Op 00325 (2d Dept. 2016)

“The Appellate Term correctly determined that an action by an injured claimant, or his or her assignee, to recover first-party no-fault benefits from a defendant who is self-insured, is subject to a six-year statute of limitations, since the claim is essentially contractual, as opposed to statutory, in nature”

Congratulations to my friend Aaron J. Perretta on his victory here.  Given the brevity of the opinion, I am at a loss to understand why leave was granted to Appellant to hear this case,

Facebook
Twitter
Email
Print

2 Responses

  1. [Note: There’s a weird formatting problem so everything is appearing to me in caps for some reason]

    The prior appeal in the 1st Dept was poorly done. The Plaintiff conceded that no-fault was statutory for transit and did not realize the implications. The 2d Dept recognized there are tons of contractual relationships floating around a self-insured MTA vehicle. Therefore, the 2d Dept reached a different result.

  2. No, there is no contract at issue with an MTA vehicle. However, the Second Department started out on the issue with a case against Elrac, where there was an actual contract between the vehicle’s driver and Elrac. Starting from that premise, they decided that every self-insurer is subject to the same standard. For the First Department, it was a Transit Authority case that was its first impression, and so they started out from the statutory premise.

Practice Areas

Our wide-ranging expertise will provide you with well-rounded legal counsel

At the Law Office of Jason Tenenbaum, our attorneys have the integrity and experience you need to best assist, advise, and support you through your legal challenge, every step of the way.

No Fault Defense
Practice Areas
No Fault Defense

Using cutting-edge technology and strategy to solve complicated problems.

Woman in the hospital with injured leg
Practice Areas
Personal Injury

We can fight for your pain and suffering, lost income, medical bills, and any future lost wages.

Upset woman in the front of the computer with bills
Practice Areas
Medical Malpractice

You have the right to bring a malpractice claim for your medical expenses, lost income and pain and suffering.

Card in the hand
Practice Areas
Consumer Protection

If you have been sued for an unpaid consumer loan, fallen behind on your credit card bills or similar.

Court room
Practice Areas
Commercial Litigation

We can help when you are faced with commercial litigation issues.

We dedicate ourselves to important values

We work hard to fight for your individual case and rights, while providing superior legal services on a timely, effective, and efficient basis. 

Need Help With Your Case?

Proin rhoncus metus aliquet blandit ad placerat sociosqu erat vel letius scelerisque taciti pulvinar.

Got Questions?

Proin rhoncus metus aliquet blandit ad placerat sociosqu erat vel letius scelerisque taciti pulvinar.