Kennedy v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Kennedy v. New York City Transit Authority

282 A.D.2d 653, 723 N.Y.S.2d 699, 2001 N.Y. App. Div. LEXIS 3982

Appellate Division of the Supreme Court of the State of New York·Decided April 23, 2001·Published

Opinion

—In an action, inter alia, to recover damages for personal injuries, the plaintiff ap[654] peals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Gavrin, J.), dated June 20, 2000, as granted the defendant’s motion to dismiss the complaint on the ground that he failed to timely serve a notice of claim.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the defendant’s motion to dismiss the complaint on the ground that the plaintiff failed to timely serve a notice of claim (see, General Municipal Law § 50-e [1] [a]; Public Authorities Law § 1212 [2]). Further, the Supreme Court correctly determined that it could not permit service of a late notice of claim because the Statute of Limitations had expired (see, Matter of Jalloh v New York City Tr. Auth., 256 AD2d 410). Santucci, J. P., Altman, Luciano and H. Miller, JJ., concur.

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—In an action, inter alia, to recover damages for personal injuries, the plaintiff ap[654] peals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Gavrin, J.), dated June 20, 2000, as granted the defendant’s motion to dismiss the complaint on the ground that he failed to timely serve a notice of claim.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the defendant’s motion to dismiss the complaint on the ground that the plaintiff failed to timely serve a notice of claim (see, General Municipal Law § 50-e [1] [a]; Public Authorities Law § 1212 [2]). Further, the Supreme Court correctly determined that it could not permit service of a late notice of claim because the Statute of Limitations had expired (see, Matter of Jalloh v New York City Tr. Auth., 256 AD2d 410). Santucci, J. P., Altman, Luciano and H. Miller, JJ., concur.

Kennedy v. New York City Transit Authority, 282 A.D.2d 653, 723 N.Y.S.2d 699, 2001 N.Y. App. Div. LEXIS 3982 (N.Y. Ct. App. 2001).

Pincite

282 A.D.2d 653 (Kennedy v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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