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MATTER OF ANNIS v. NEW YORK CITY TRANSIT AUTH.

108 A.D.2d 643 (1985)

In the Matter of Nicholas Annis et al., Appellants, v. New York City Transit Authority, Respondent

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

February 19, 1985

We agree that, under the circumstances of this case, it was an improvident exercise of discretion for Special Term to deny leave to serve a late notice of claim. It is alleged that on June 21, 1983, petitioner Nicholas Annis (Nicholas) was a passenger on a subway train which derailed between the West 4th Street and Broadway-Lafayette stations. A notice of claim, served September 22, 1983, two days after expiration of the 90-day period, was "disallowed" by the Transit Authority...

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