Order reversed, on the law, without costs or disbursements, motion granted and complaint dismissed.
Plaintiff's instant tort action against the Metropolitan Transportation Authority and the Long Island Railroad, a subsidiary corporation, was not commenced within one year and 30 days of the accident and, therefore, is time barred (Public Authorities Law § 1276; Penner v. National R.R. Passenger Corp., 98 A.D.2d 631; see also, Andersen v. Long Is. R.R., 88 A.D.2d 328, affd 59 N.Y.2d 657). Moreover, plaintiff failed to establish conduct on the part of defendants which would estop them from interposing the defense of the Statute of Limitations ( Simon v Capital Dist. Transp. Auth., 95 A.D.2d 902; see also, Wenthen v Metropolitan Transp. Auth., 95 A.D.2d 852). Bracken, J.P., O'Connor, Rubin and Lawrence, JJ., concur. [ 124 Misc.2d 980.]