Strohmeier v. Metropolitan Transportation Authority

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered May 16, 2013, which, to the extent appealed from as limited by the briefs, granted petitioners’ motion for leave to serve a late notice of claim, unanimously reversed, on the law and the facts, without costs, and the motion denied. The Clerk is directed to enter judgment dismissing the complaint.

The court improvidently exercised its discretion in granting petitioners’ motion. While petitioners’ failure to proffer any excuse for the delay in serving a notice of claim is not alone fatal to their motion (see Matter of…