Lyons v. Port Authority of New York & New Jersey

Plaintiff allegedly slipped and fell in the Port Authority Bus Terminal on January 8,1994. Plaintiff served a Notice of Claim upon defendant on November 4, 1994 and filed a summons and complaint 54 days later on December 27, 1994 and served it *251upon the defendant one day after that. The IAS Court denied defendant’s motion to dismiss, concluding that although plaintiff filed suit six days too early, he had substantially complied with the statute and defendant had an adequate time to investigate the claim and to effect a settlement before the suit was commenced. This conclusion was erroneous…