Legal Opinion

Power v. Manhattan & Bronx Surface Operating Authority

Appellate Division of the Supreme Court of the State of New York

Decided March 28, 2005PublishedCited by 13 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Richmond County (Minardo, J.), dated March 8, 2004, which denied their motion pursuant to CPLR 3211 to dismiss the complaint for failure to set forth the correct time of the accident in the notice of claim.

Ordered that the order is affirmed, with costs.

General Municipal Law § 50-e (6) provides that a “mistake, omission, irregularity or defect” in the notice of claim “may be corrected, supplied or disregarded” in the court’s discretion, provided that such mistake, omission,…

2Cases cited5 opinions

  1. D'Alessandro v. New York City Transit AuthorityNew York Court of Appeals · 1994
  2. Ingle v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
  3. Butler v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2002
  4. Neal v. Amityville Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2001
  5. Miller v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by13 opinions

  1. Kim L. v. Port Jervis City School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
  2. Puello v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2017
  3. Hudson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  4. Davis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  5. Delaney v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 2009

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