Rankine v. New York City Transit Authority

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order the Supreme Court, Queens County (Braithewaite-Nelson, J.), dated January 5, 2007, as denied his motion for leave to amend the notice of claim and, in effect, upon renewal, vacated that portion of a prior order of the same court dated May 17, 2005 which denied that branch of the defendant’s motion which was to dismiss the complaint based on his failure to serve a proper notice of claim, and thereupon, granted that branch of the defendant’s motion.

Ordered that the…