Simon v. Capital District Transportation Authority

— Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered July 7, 1982 in Rensselaer County, which granted defendant’s motion for summary judgment dismissing the complaint. On August 18, 1980, plaintiff sustained personal injuries allegedly due to the negligent operation of defendant’s bus, and served a notice of claim upon defendant on October 17, 1980. Thereafter, defendant served a notice of hearing on plaintiff wherein it recited that the hearing would be held pursuant to the provisions of section 50-h of the General Municipal Law. After the hearing was completed,…