Gallagher v. Liberty Lines Transit, Inc.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered October 19, 1993, which granted defendants’ motion to dismiss the complaint for failure to file a notice of claim pursuant to General Municipal Law § 50-e (1) and denied plaintiff’s cross motion for leave to file a late notice of claim, unanimously reversed, on the law and the facts and in the exercise of discretion, defendants’ motion is denied, and plaintiff’s cross motion is granted to the extent of deeming plaintiff’s notice of claim to have been timely filed and reinstating the complaint, without costs.

Unlike Frazier v…