Legal Opinion

Vallejo-Bayas v. New York City Transit Authority

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

Decided February 27, 2013Published

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Gavrin, J.), entered January 18, 2012, which denied its *882motion pursuant to CPLR 3211 (a) to dismiss the complaint or, in the alternative, for summary judgment dismissing the complaint, on the ground that the plaintiff’s notice of claim failed to comply with General Municipal Law § 50-e (2), and granted the plaintiff’s cross motion for leave to amend his notice of claim.

Ordered that the order is affirmed, with costs.

A notice of claim must state “the time when, the…

2Cases cited16 opinions

  1. Brown v. City of New YorkNew York Court of Appeals · 2000
  2. Teresta v. City of New YorkNew York Court of Appeals · 1952
  3. D'Alessandro v. New York City Transit AuthorityNew York Court of Appeals · 1994
  4. Levine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
  5. Rosenbaum v. City of New YorkNew York Court of Appeals · 2006

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