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ZENTELLA v. NEW YORK CITY TRANSIT AUTH.

29 A.D.2d 937 (1968)

Transito T. Zentella, as Administratrix of Estate of Ernest Zentella, Deceased, Respondent, v. New York City Transit Authority, Appellant

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

April 25, 1968

Order, entered October 16, 1967, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to defendant, and defendant's motion to dismiss granted, with $10 costs.

Plaintiff failed to timely comply with a 45-day notice served by defendant pursuant to CPLR 3216 and it appears that this action, brought in 1961 to recover for personal injuries sustained in 1960, is fraught with extensive and excessive

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