Burgarella v. City of New York

—In an action to recover damages for personal injuries, etc., the defendant New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated June 11, 1998, which denied its motion to dismiss so much of the complaint as asserted claims on behalf of the plaintiff Stefano Burgarella on the ground that he failed to serve a timely notice of claim, and granted the plaintiffs’ cross motion for leave to amend the notice of claim served by the plaintiff Frances Burgarella so as to include a claim on behalf of Stefano Burgarella.

Ordered that the order is…