Turner v. New York City Transit Authority

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered August 5, 1997, which denied plaintiff’s motion to restore his action to the trial calendar, and granted defendant’s cross-motion for summary judgment dismissing plaintiffs complaint for failure to serve and file a notice of claim upon defendant within 90 days from the accrual of his cause of action, unanimously reversed, on the law, without costs, plaintiff’s motion granted and defendant’s cross-motion for summary judgment denied.

Plaintiff was excused by General Municipal Law § 205-e (2) from the requirement to serve and…