Kane v. Leistman

In a proceeding, inter alia, pursuant to General Municipal Law § 50-e for leave to serve a late notice of claim, Richard Leistman and the New York City Transit Authority appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (McMahon, J.), dated October 27, 2006, as granted that branch of the petition which was to file a summons and complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in permitting the petitioners to file the summons and complaint attached to…