Miranda v. New York City Transit Authority
This text of 262 A.D.2d 199 (Miranda 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.
Opinion
—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered January 8, 1998, which granted plaintiff’s motion for leave to file a late notice of claim, unanimously affirmed, without costs.
Although defendant Transit Authority urges that it has been prejudiced by plaintiff’s delay in filing a notice of claim and that plaintiff’s motion for leave to file a late notice of claim should have been denied, accident reports prepared by the bus driver and a supervisor immediately after the subject accident, documenting the circumstances of plaintiff’s injury, provided [200]*200defendant with timely actual knowledge of the essential facts constituting the claim (see, General Municipal Law § 50-e [5]). Accordingly, defendant’s claim of prejudice is fatally undermined. Concur — Rosenberger, J. P., Williams, Tom, Wallach and Buckley, JJ.
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Cite This Page — Counsel Stack
262 A.D.2d 199, 694 N.Y.S.2d 352, 1999 N.Y. App. Div. LEXIS 7429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miranda-v-new-york-city-transit-authority-nyappdiv-1999.