FOR BREAKING NEWS VISIT www.couriersun.com january 22, 2015 • The Courier sun 39 Legally Speaking By: Scott Baron, Attorney at Law COURTS MUST FOLLOW THE LAW Advertorial Q: Thirteen months ago, my uncle fell onto the subway tracks. He was hit by a train. For the next seven weeks, my uncle lay in the hospital, immobile from surgical procedures, laced with painkillers, getting his customary methadone and writhing for a cigarette. In between that and my uncle’s usual severe depression, his attorney found it very difficult to move forward – although he did manage to serve a notice of claim on the MTA a few weeks after the fall. Now my uncle is being told that it is too late to start a personal injury action. A: So far as is applicable, section 1276(2) of New York’s Public Authorities Law provides that no action against the MTA founded on tort (except for wrongful death) may be commenced more than a year after the accident. However, under section 208 of New York’s Civil Practice Law and Rules, the deadline can get extended by a period of insanity. Our courts are very parsimonious in permitting this dispensation. They have ruled that the break for insanity does not encompass the temporary effects of medications administered in the treatment of physical injuries. Given that your uncle was able to retain an attorney, it is very difficult to contend that he was insane. When section 208 was enacted, a legislative committee considered the possibility of substituting the phrase mental illness for the term insanity, but rejected that possibility. The courts are not permitted to rewrite this law. They are obliged to follow it. Unless there are facts that you have failed to mention, I am apprehensive that your case can go no further. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Protect your world Auto • Home • Life • Retirement Call me today to discuss your options. Some people think Allstate only protects your car. Truth is, Allstate can also protect your home or apartment, your boat, motorcycle - even your retirement and your life. And the more of your world you put in Good Hands®, the more you can save. THE WRIGHT AGENCY 718-671-8000 a065989@allstate.com Honoring Your Loved Ones Guiding Your Family With Compassion Sinai Chapels respects all Jewish traditions and customs, has a compassionate staff that is second to none, and has three generations of experience serving New York’s Jewish families. Funeral Directors & Planners • Dignified and comfortable chapel, located in Fresh Meadows, Queens • Funeral services at locations throughout the New York Metro area • Costs are reasonable and all family budgets are accommodated • Ceremonially correct services for all Jewish religious movements • DVD and real-time webcast of chapel services, at no additional cost • Our staff Rabbi is available to answer your questions • Experts to guide monument selection • FDIC insured pre-planning 162-05 Horace Harding Expressway | Fresh Meadows, NY 11365 718.445.0300 | 800.446.0406 www.JewishFunerals.com We are here 24 hours to serve your family. 118846 Insurance subject to terms, qualifications and availability. Allstate Property and Casualty Insurance Co., Allstate Fire and Casualty Insurance Co., Allstate Indemnity Co., Allstate Vehicle and Property Insurance Co. Life insurance and annuities issued by Lincoln Benefit Life Company, Lincoln, NE, Allstate Life Insurance Company, Northbrook, IL. In New York, Allstate Life Insurance Company of New York, Hauppauge, NY. Northbrook, IL. © 2010 Allstate Insurance Co.
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