Perrault v. New York City Transit Authority

—In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Greenstein, J.), dated September 19,1995, which granted the petition.

Ordered that the order is reversed, as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.

In determining whether to grant or deny a motion to serve a *465late notice of claim, the key factors to consider are whether the petitioner has met his or her burden to show (1) that the municipality…