Lopez v. New York City Transit Authority

Full title: ARTURO LOPEZ, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant

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

Date published: Jul 5, 1994

206 A.D.2d 352 (N.Y. App. Div. 1994)

614 N.Y.S.2d 327

Opinion

July 5, 1994

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

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, the plaintiff's notice of claim, when considered under the circumstances of this case and viewed in conjunction with the pleadings and other evidence (see, D'Alessandro v. New York City Tr. Auth., 83 N.Y.2d 891), was sufficiently specific regarding the manner and location of the decedent's accident. Accordingly, we discern no improvident exercise of discretion in the Supreme Court's denial of the defendant's motion to strike certain allegations from the amended verified complaint and bill of particulars. Sullivan, J.P., Pizzuto, Santucci and Friedmann, JJ., concur.