Lyons v. Port Auth. of New York & New Jersey, 228 A.D.2d 250 (N.Y. App. Div. 1996). · Go Syfert
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Lyons v. Port Auth. of New York & New Jersey, 228 A.D.2d 250 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 2011 · …will result in withdrawal of defendant's consent to suit and compels the dismissal of the action for lack of subject matter jurisdiction. ✓
27 citation events (27 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Vogelman v. Modern Facility Servs., Inc.
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
NO. 77 RECEIVED NYSCEF: 08/29/2024 not have been prejudiced by the plaintiffs failure to comply with the statute is immaterial, since the requirement is jurisdictional and must be strictly construed"(Lyons v Port Auth. of NY & NJ, 228 AD2d 250,251 [1st Dept 1996] citing Luciano v Fanberg Realty, 102 AD2d 94 [1st Dept 1984]).
discussed Cited as authority (rule) Tutor Perini Bldg. Corp. v. Port Auth. of N.Y. & N.J.
N.Y. App. Div. · 2023 · confidence medium
Supreme Court correctly dismissed the action based on plaintiff's failure to comply with the notice of claim requirements in McKinney's Unconsolidated Laws of NY § 7107. [FN1] Plaintiff's failure to comply with the conditions precedent in Section 7107 results in the withdrawal of the Port Authority's consent to suit, thereby depriving the court of subject matter jurisdiction ( see Lyons v Port Auth. of N.Y. & N.J., 228 AD2d 250, 251 [1st Dept 1996]; Luciano v Fanberg Realty Co ., 102 AD2d 94, 96 [1st Dept 1984]).
discussed Cited as authority (rule) Tutor Perini Bldg. Corp. v. Port Auth. of N.Y. & N.J.
N.Y. App. Div. · 2023 · confidence medium
Supreme Court correctly dismissed the action based on plaintiff's failure to comply with the notice of claim requirements in McKinney's Unconsolidated Laws of NY § 7107. [FN1] Plaintiff's failure to comply with the conditions precedent in Section 7107 results in the withdrawal of the Port Authority's consent to suit, thereby depriving the court of subject matter jurisdiction ( see Lyons v Port Auth. of N.Y. & N.J., 228 AD2d 250, 251 [1st Dept 1996]; Luciano v Fanberg Realty Co ., 102 AD2d 94, 96 [1st Dept 1984]).
discussed Cited as authority (rule) Baroni v. The Port Authority of New York and New Jersey
S.D.N.Y. · 2023 · confidence medium
These requirements are jurisdictional, and failure to satisfy them “will result in withdrawal of defendant’s consent to suit and compels the dismissal of the action for lack of subject matter jurisdiction.” Id. (quoting Lyons v. Port Auth. of N.Y. & N.J., 643 N.Y.S.2d 571, 571-52 (1st Dep’t 1996)).
discussed Cited as authority (rule) Baroni v. The Port Authority of New York and New Jersey (2×) also: Cited "see"
S.D.N.Y. · 2022 · confidence medium
These requirements are jurisdictional, and failure to satisfy them “will result in withdrawal of defendant’s consent to suit and compels the dismissal of the action for lack of subject matter jurisdiction.” Id. (quoting Lyons v. Port Auth. of N.Y. & N.J., 643 N.Y.S.2d 571, 571-52 (1st Dep’t 1996)).
discussed Cited as authority (rule) Caceres v. PORT AUTHORITY OF NEW YORK AND NJ
2d Cir. · 2011 · confidence medium
The failure to satisfy these conditions "will result in withdrawal of defendant's consent to suit and compels the dismissal of the action for lack of subject matter jurisdiction." Lyons v. Port Auth. of N.Y. & N.J., 228 A.D.2d 250 , 643 N.Y.S.2d 571, 571-72 (1st Dep't 1996).
discussed Cited as authority (rule) Caceres v. Port Authority of New York & New Jersey
2d Cir. · 2011 · confidence medium
The failure to satisfy these conditions “will result in withdrawal of defendant’s consent to suit and compels the dismissal of the action for lack of subject matter jurisdiction.” Lyons v. Port Auth. of N.Y. & N.J., 228 A.D.2d 250, 643 N.Y.S.2d 571, 571-72 (1st Dep’t 1996).
cited Cited "see" Racimor v. The Port Authority of New York and New Jersey
S.D.N.Y. · 2025 · signal: see · confidence high
See id. (upholding Luciano v. Fanberg Realty Co., 475 N.Y.S.2d 854 (App. Div. 1984) & Lyons v. Port Auth. of N.Y. & N.J., 643 N.Y.S.2d 571 (App. Div. 1996)).
discussed Cited "see" Aegis v. Port Authority
2d Cir. · 2011 · signal: see · confidence high
See Lyons v. Port Authority, 228 A.D.2d 250, 251 (1st Dep’t 8 1996) (“The fact that the Port Authority may not have been prejudiced by the plaintiff’s failure 9 to comply with the statute is immaterial, since the requirement is jurisdictional and must be 10 strictly construed.” (internal citation omitted)); see also City of New York v. Port Authority, 284 11 A.D.2d 195 (1st Dep’t 2001). 12 We conclude that Con Edison may prosecute its claims for negligence related to 13 “negligent design, approval, inspection, installation, maintenance, operation, conduct and control 14 of” the d…
discussed Cited "see" Aegis Insurance Services, Inc. v. Port Authority of New York & New Jersey (2×)
2d Cir. · 2011 · signal: see · confidence high
See Lyons v. Port Authority, 228 A.D.2d 250, 251 , 643 N.Y.S.2d 571 (1st Dep’t 1996) (“The fact that the Port Authority may not have been prejudiced by the plaintiffs failure to comply with the statute is immaterial, since the requirement is jurisdictional and must be strictly construed.” (internal citation omitted)); see also City of New York v. Port Authority, 284 A.D.2d 195 , 726 N.Y.S.2d 261 (1st Dep’t 2001).
discussed Cited "see" Da Cruz v. Towmasters of New Jersey, Inc. (2×)
E.D.N.Y · 2003 · signal: see · confidence high
See Lyons v. Port Authority of New York and New Jersey, 228 A.D.2d 250, 251 , 643 N.Y.S.2d 571, 571 (1st Dep’t 1996); Gian-none v. Port Authority of New York and New Jersey, 127 A.D.2d 818, 819 , 511 N.Y.S.2d 940, 941 (2d Dep’t 1987).
Retrieving the full opinion text from the archive…
Robert T. Lyons
v.
Port Authority of New York and New Jersey
Appellate Division of the Supreme Court of the State of New York.
Jun 13, 1996.
228 A.D.2d 250
Cited by 19 opinions  |  Published

Plaintiff allegedly slipped and fell in the Port Authority Bus Terminal on January 8,1994. Plaintiff served a Notice of Claim upon defendant on November 4, 1994 and filed a summons and complaint 54 days later on December 27, 1994 and served it[*251] upon the defendant one day after that. The IAS Court denied defendant’s motion to dismiss, concluding that although plaintiff filed suit six days too early, he had substantially complied with the statute and defendant had an adequate time to investigate the claim and to effect a settlement before the suit was commenced. This conclusion was erroneous and, therefore, we reverse and grant defendant’s motion to dismiss the action.

The consent of the defendant Port Authority to suit against it "is granted upon the condition that any suit, action or proceeding prosecuted or maintained under this act shall be commenced within one year after the cause of action therefor shall have accrued, and upon the further condition that in the case of any suit, action or proceeding for the recovery or payment of money, prosecuted or maintained under this act, a notice of claim shall have been served upon the port authority by or on behalf of the plaintiff or plaintiffs at least sixty days before such suit, action or proceeding is commenced.” (McKinney’s Uncons Laws of NY § 7107 [L 1950, ch 301, § 7] [emphasis added].)

Compliance with the condition precedent in the statute of giving sixty days notice is mandatory and jurisdictional. The failure to satisfy this condition will result in withdrawal of defendant’s consent to suit and compels the dismissal of the action for lack of subject matter jurisdiction (Luciano v Fanberg Realty, 102 AD2d 94; Giannone v Port Auth., 127 AD2d 818). The fact that the Port Authority may not have been prejudiced by the plaintiff’s failure to comply with the statute is immaterial, since the requirement is jurisdictional and must be strictly construed (Luciano v Fanberg Realty, supra, at 97-98). Concur— Murphy, P. J., Sullivan, Wallach, Nardelli and Tom, JJ. [See, 165 Misc 2d 202.]