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CONTACT, PC v. NYC TR AUTH

No. 39.

31 N.Y.3d 187 (2018)

99 N.E.3d 867

75 N.Y.S.3d 474

2018 NY Slip Op 03093

CONTACT CHIROPRACTIC, P.C., as Assignee of Girtha Butler, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

Court of Appeals of New York.

Decided May 1, 2018.

Attorney(s) appearing for the Case

Jones Jones LLC, New York City (Agnes Neiger of counsel), for appellant.

Law Office of Cohen & Jaffe, LLP, Lake Success (Tricia C. Smith of counsel), for respondent.

Zachary W. Carter, Corporation Counsel, New York City (Tahirih M. Sadrieh, Richard Dearing and Devin Slack of counsel), for City of New York, amicus curiae.

Short & Billy, P.C., New York City (Skip Short of counsel), and Greenberg Traurig, LLP, New York City (Carmen Beauchamp Ciparick of counsel), for American Transit Insurance Company, amicus curiae.

Gary Tsirelman, P.C., Brooklyn (Gary Tsirelman of counsel), for Gary Tsirelman, P.C., amicus curiae.

OPINION OF THE COURT

This appeal presents the question whether the three-year statute of limitations set forth in CPLR 214 (2) applies to no-fault claims against a self-insurer. We conclude that it does.

Background and Motion Practice

In January 2001, Girtha Butler sustained personal injuries in a motor vehicle...

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