O'LEARY v. NEW YORK CITY TRANSIT AUTH.


97 A.D.2d 789 (1983)

Patrick O'Leary, Respondent, v. New York City Transit Authority, Appellant

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

November 14, 1983


Order reversed, on the law, without costs or disbursements, and plaintiff's motion to strike appellant's first affirmative defense is denied.

It is conceded that pursuant to section 1212 of the Public Authorities Law and section 50-e of the General Municipal Law, the last day on which plaintiff could have timely served a notice of claim was February 14, 1977. His claim was served the following day, February 15, 1977, but Special Term held that service was timely because...

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