Power v. Manhattan & Bronx Surface Operating Authority
Appellate Division of the Supreme Court of the State of New York
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
- D'Alessandro v. New York City Transit AuthorityNew York Court of Appeals · 1994
- Ingle v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
- Butler v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2002
- Neal v. Amityville Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2001
- Miller v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by13 opinions
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- Hudson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Davis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Delaney v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 2009
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