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Johnson v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 2000
278 A.D.2d 83 (N.Y. App. Div. 2000)

Opinion

December 14, 2000.

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered August 26, 1999, which, upon the grant of reargument and renewal, granted plaintiff's motion for permission to file a late notice of claim and deemed such notice of claim timely served nunc pro tunc, unanimously affirmed, without costs.

Lucille M. Barbato, for petitioner-respondent.

Lawrence A. Silver, for respondent-appellant.

Before: Sullivan, P.J., Rosenberger, Williams, Ellerin, Andrias, JJ.


Since defendant was in receipt of an incident report and an aided report worksheet, filled out by the police officer who responded to the accident scene, it had, from the outset, notice of the facts upon which plaintiff's claim is premised and accordingly has not been prejudiced by plaintiff's delay. This being the case, the motion court exercised its discretion properly in granting plaintiff permission to file a late notice of claim (see, Matter of Cicio v. City of New York, 98 A.D.2d 38, 39-40).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Johnson v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 2000
278 A.D.2d 83 (N.Y. App. Div. 2000)
Case details for

Johnson v. New York City Transit Authority

Case Details

Full title:OPHELIA JOHNSON, PETITIONER-RESPONDENT, v. NEW YORK CITY TRANSIT…

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

Date published: Dec 14, 2000

Citations

278 A.D.2d 83 (N.Y. App. Div. 2000)
717 N.Y.S.2d 580

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