Davis v. New York City Transit Authority

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about October 12, 1995, which denied plaintiff’s motion to amend his notice of claim, complaint and bill of particulars so as to correct the date on which he allegedly slipped and fell on an accumulation of paper handouts in a subway station, and granted defendant Transit Authority’s cross motion to dismiss the complaint as against it, unanimously affirmed, without costs.

We agree with the IAS Court that plaintiff’s five-year delay in seeking to amend the original notice of claim to reflect the correct date of the…