Fabian v. New York City Transit Authority

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered February 4, 1999, which granted defendant’s motion to dismiss the complaint and denied plaintiff’s cross motion for leave to amend his notice of claim and complaint, unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated, and the cross motion granted.

*245The precise date of plaintiffs accident, in September 1995, was confirmed at the evidentiary hearing in May 1998, where plaintiffs counsel and defendant’s examiner agreed that the pleadings, the bill of particulars and the notice of claim…