Saint-Ile v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Saint-Ile v. New York City Transit Authority

42 A.D.2d 789, 346 N.Y.S.2d 461, 1973 N.Y. App. Div. LEXIS 3715

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

DecidedJuly 30, 1973

StatusPublished

This text of 42 A.D.2d 789 (Saint-Ile 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

Saint-Ile v. New York City Transit Authority, 42 A.D.2d 789, 346 N.Y.S.2d 461, 1973 N.Y. App. Div. LEXIS 3715 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered July 31, 1972, in favor of defendant, upon the trial court’s decision dismissing the complaint after selection of a jury. Judgment reversed, on the law, with costs, plaintiff’s motion to amend the complaint so as to include therein a statement in conformity with subdivision 1 of section 1212 of the Public Authorities Law granted, and case remitted to the trial court for trial. No questions of fact were presented. It is uncontested that there was compliance in fact with the procedures set forth in section 1212. In our opinion, therefore, it was error to deny plaintiff’s motion to amend his complaint so as to include therein a statement of said compliance. Munder, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered July 31, 1972, in favor of defendant, upon the trial court’s decision dismissing the complaint after selection of a jury. Judgment reversed, on the law, with costs, plaintiff’s motion to amend the complaint so as to include therein a statement in conformity with subdivision 1 of section 1212 of the Public Authorities Law granted, and case remitted to the trial court for trial. No questions of fact were presented. It is uncontested that there was compliance in fact with the procedures set forth in section 1212. In our opinion, therefore, it was error to deny plaintiff’s motion to amend his complaint so as to include therein a statement of said compliance. Munder, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.

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Bluebook (online)

42 A.D.2d 789, 346 N.Y.S.2d 461, 1973 N.Y. App. Div. LEXIS 3715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saint-ile-v-new-york-city-transit-authority-nyappdiv-1973.