Cuccia v. Metropolitan Transportation Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the Metropolitan Transit Authority appeals from an order of the Supreme Court, Suffolk County (Martin, J.), dated December 18, 2015, which granted the petition.
Ordered that the order is reversed, on the facts and in the exercise of discretion, the petition is denied, and the proceeding is dismissed.
Timely service of a notice of claim is a condition precedent to the commencement of an action sounding in tort against the Metropolitan Transportation Authority (hereinafter the MTA) (see General…
2Cases cited13 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Newcomb v. Middle Country Central School DistrictNew York Court of Appeals · 2016
- Davidson v. Bronx Municipal HospitalNew York Court of Appeals · 1984
- Taylor v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
- Devivo v. Town of CarmelAppellate Division of the Supreme Court of the State of New York · 2009
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