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Weill v. Liberty Lines Tr., Inc.

Appellate Term of the Supreme Court of New York, First Department
Jul 27, 2004
2004 N.Y. Slip Op. 50847 (N.Y. App. Term 2004)

Opinion

570692/03.

Decided July 27, 2004.

Defendant appeals from an order of the Civil Court, Bronx County, dated February 21, 2003 (Arthur F. Engoron, J.) which denied its motion for summary judgment dismissing the complaint.

Order entered February 21, 2003 (Arthur F. Engoron, J.) affirmed, with $10 costs.

PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.


We agree that the documentation submitted to defendant concerning the vehicular accident in which plaintiff was allegedly injured constituted, in the aggregate, a valid, timely notice of claim. The record discloses that the driver of the bus involved in the incident submitted a written report concerning the incident; that plaintiff sent a letter to defendant's claims administrator, at defendant's request, reporting the time, place and manner of the incident and the items of damage then known; and that plaintiff's counsel wrote to defendant "in regard to injuries" sustained by plaintiff and advising of "further action." Considered together, these timely submissions were adequate to constitute a valid notice of claim pursuant to General Municipal Law § 50-e ( see Santiago v. Liberty Lines Tr., 259 AD2d 362 [1st Dept 1999]; Gallagher v. Liberty Lines Tr., 211 AD2d 440 [1st Dept 1995]; Miller v. Liberty Lines Tr., 208 AD2d 454 [1st Dept 1994]; Losada v. Liberty Lines Tr., 155 AD2d 337 [1st Dept 1989]; cf. Delisca v. Liberty Lines Tr., 272 AD2d 291 [2d Dept 2000]; Zydyk v. New York City Tr. Auth., 151 AD2d 745 [2d Dept 1989]).

This constitutes the decision and order of the court.


Summaries of

Weill v. Liberty Lines Tr., Inc.

Appellate Term of the Supreme Court of New York, First Department
Jul 27, 2004
2004 N.Y. Slip Op. 50847 (N.Y. App. Term 2004)
Case details for

Weill v. Liberty Lines Tr., Inc.

Case Details

Full title:SCOTT WEILL, Plaintiff-Respondent, v. LIBERTY LINES TRANSIT, INC.…

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

Date published: Jul 27, 2004

Citations

2004 N.Y. Slip Op. 50847 (N.Y. App. Term 2004)

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