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LUKA v. NEW YORK CITY TR AUTH

100 A.D.2d 323 (1984)

Joseph Luka et al., Appellants, v. New York City Transit Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 5, 1984

Attorney(s) appearing for the Case

Harry Kresky of counsel (Kresky, Sinawski & Hollenberg, and Reisler & Silverstein, attorneys), for appellants.

Lawrence A. Silver of counsel (Lawrence Heisler with him on the brief; William E. Rosa, attorney), for respondent.

SULLIVAN, J. P., and ROSS, J., concur with BLOOM, J.; ALEXANDER, J., concurs in an opinion; ASCH, J., dissents in a separate opinion.

BLOOM, J.

On January 22, 1981, plaintiff Joseph Luka was injured while endeavoring to board a bus operated by Manhattan and Bronx Surface Transit Operating Authority (MABSTOA). Within the 90-day period limited by law (Public Authorities Law, § 1212, subd 2; General Municipal Law, § 50-e), he served a notice of claim on New York City Transit Authority (NYCTA). NYCTA forwarded the notice to MABSTOA...

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