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VINES v. NY CITY TR AUTH

107 Misc.2d 283 (1980)

Judith Vines, Individually and as Administratrix of The Estate of Colandus Vines, Deceased, Plaintiff, v. New York City Transit Authority, Defendant.

Supreme Court, Special Term, New York County.

August 14, 1980

Attorney(s) appearing for the Case

Schneider, Kleinick, Friedman, Miller & Weitz (Kenneth F. Kaplan of counsel), for plaintiff. Helen R. Cassidy and Lawrence Heisler for defendant.

BENTLEY KASSAL, J.

Plaintiff moves for an order striking the second affirmative defense, which alleges a failure to comply with the notice of claim provisions of section 1212 of the Public Authorities Law, or in the alternative, seeks leave to amend the notice of claim, nunc pro tunc. The defendant has cross-moved to dismiss the second cause of action.

None of the papers prepared in this matter, including the notice of claim, complaint...

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