Saunders v. New York City Transit Authority

Order, Supreme Court, New York County (Robert Lippmann, J.), entered March 14, 2003, which, to the extent appealed from, granted that portion of defendant’s motion to direct plaintiff to appear for a statutory hearing pursuant to General Municipal Law § 50-h, unanimously reversed, on the law, without costs, and that portion of the order directing plaintiff to appear for a statutory hearing pursuant to General Municipal Law § 50-h vacated.

Inasmuch as New York City Transit Authority (NYCTA) has failed to produce any proof that it served plaintiff with a notice for a hearing pursuant to General…