Middleton v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Middleton v. New York City Transit Authority

28 A.D.3d 366, 812 N.Y.S.2d 357

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

DecidedApril 20, 2006

StatusPublished

This text of 28 A.D.3d 366 (Middleton 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.

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Middleton v. New York City Transit Authority, 28 A.D.3d 366, 812 N.Y.S.2d 357 (N.Y. Ct. App. 2006).

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Opinion

Order, Supreme Court, [367]*367New York County (Robert D. Lippmann, J.), entered November 29, 2004, which denied petitioner’s application to serve a late notice of claim, unanimously affirmed, without costs.

Although apparently unknown to petitioner, a notice of claim was timely served by attorneys he had apparently discharged, rendering the instant application moot. We note that the application was filed after the statute of limitations had run, rendering it time-barred as well (see Pierson v City of New York, 56 NY2d 950 [1982]). Concur—Saxe, J.P., Nardelli, Williams, Catterson and Malone, JJ.

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Order, Supreme Court, [367]*367New York County (Robert D. Lippmann, J.), entered November 29, 2004, which denied petitioner’s application to serve a late notice of claim, unanimously affirmed, without costs.

Although apparently unknown to petitioner, a notice of claim was timely served by attorneys he had apparently discharged, rendering the instant application moot. We note that the application was filed after the statute of limitations had run, rendering it time-barred as well (see Pierson v City of New York, 56 NY2d 950 [1982]). Concur—Saxe, J.P., Nardelli, Williams, Catterson and Malone, JJ.

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28 A.D.3d 366, 812 N.Y.S.2d 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/middleton-v-new-york-city-transit-authority-nyappdiv-2006.

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