Merino v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Merino v. New York City Transit Authority

184 A.D.2d 441, 585 N.Y.S.2d 404, 1992 N.Y. App. Div. LEXIS 8545

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 25, 1992

StatusPublished

Cited by1 cases

This text of 184 A.D.2d 441 (Merino v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Merino v. New York City Transit Authority, 184 A.D.2d 441, 585 N.Y.S.2d 404, 1992 N.Y. App. Div. LEXIS 8545 (N.Y. Ct. App. 1992).

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Opinion

Order, Supreme Court, New York County (James N. White, J.), entered June 6, 1991, which granted defendant’s motion to dismiss the complaint and denied plaintiffs cross motion to amend the notice of claim, unanimously affirmed, without costs.

Plaintiffs notice of claim misidentified the subway staircase on which he fell, preventing defendant from investigating his claim (see, O’Brien v City of Syracuse, 54 NY2d 353, 358). The prejudice thereby caused was not eliminated by plaintiffs production of several color photographs on the eve of trial, five years after the accident, purporting to show the true site of the accident (Alvarez v City of New York, 155 AD2d 373). Concur — Sullivan, J. P., Wallach, Asch, Kassal and Rubin, JJ.

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Order, Supreme Court, New York County (James N. White, J.), entered June 6, 1991, which granted defendant’s motion to dismiss the complaint and denied plaintiffs cross motion to amend the notice of claim, unanimously affirmed, without costs.

Plaintiffs notice of claim misidentified the subway staircase on which he fell, preventing defendant from investigating his claim (see, O’Brien v City of Syracuse, 54 NY2d 353, 358). The prejudice thereby caused was not eliminated by plaintiffs production of several color photographs on the eve of trial, five years after the accident, purporting to show the true site of the accident (Alvarez v City of New York, 155 AD2d 373). Concur — Sullivan, J. P., Wallach, Asch, Kassal and Rubin, JJ.

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Bluebook (online)

184 A.D.2d 441, 585 N.Y.S.2d 404, 1992 N.Y. App. Div. LEXIS 8545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merino-v-new-york-city-transit-authority-nyappdiv-1992.

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