Smith v. New York City Transit Authority

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated March 19, 1996, which denied his motion for leave to serve a late notice of claim on the defendant New York City Transit Authority.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the plaintiff’s application pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim. The key factors to be considered in determining whether to grant leave to serve…