SAINT-ILE v. NEW YORK CITY TRANSIT AUTH.


42 A.D.2d 789 (1973)

Andre Saint-Ile, Appellant, v. New York City Transit Authority, Respondent

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

July 30, 1973


Judgment reversed, on the law, with costs, plaintiff's motion to amend the complaint so as to include therein a statement in conformity with subdivision 1 of section 1212 of the Public Authorities Law granted, and case remitted to the trial court for trial. No questions of fact were presented. It is uncontested that there was compliance in fact with the procedures set forth in section 1212.

In our opinion, therefore, it was error to deny plaintiff's motion to amend...

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