D'Alessandro v. New York City Transit Auth

Full title: MIRIAM D'ALESSANDRO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 5, 1993

192 A.D.2d 505 (N.Y. App. Div. 1993)

596 N.Y.S.2d 721

Opinion

April 5, 1993

Appeal from the Supreme Court, Kings County (Williams, J.).

Ordered that the order is affirmed, with costs.

We discern no error in the Supreme Court's dismissal of the complaint, inasmuch as the plaintiff's notice of claim failed to set forth with adequate specificity the manner in which the claim arose, and the defendant's ability to promptly and thoroughly investigate the claim was prejudiced thereby (see, General Municipal Law § 50-e; Altmayer v City of New York, 149 A.D.2d 638; Caselli v City of New York, 105 A.D.2d 251). Sullivan, J.P., Balletta, O'Brien and Santucci, JJ., concur.