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MATTER OF SCHWARTZ v. NEW YORK CITY TRANSIT AUTH.

5 A.D.2d 833 (1958)

In the Matter of Ida Schwartz, Respondent, v. New York City Transit Authority, Appellant

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

February 3, 1958

Order reversed on the law and the facts, with $10 costs and disbursements, and application denied.

The original notice of claim, although prepared and verified by respondent prior to the expiration of the 90-day period, was not served until after the expiration of that period. The facts establish that the failure to serve the notice in time was not due to the incapacity of the...

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