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MERINO v. NEW YORK CITY TRANSIT AUTH.

184 A.D.2d 441 (1992)

Froilan Merino, Appellant, v. New York City Transit Authority, Respondent

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

June 25, 1992

Plaintiff's notice of claim misidentified the subway staircase on which he fell, preventing defendant from investigating his claim (see, O'Brien v City of Syracuse, 54 N.Y.2d 353, 358). The prejudice thereby caused was not eliminated by plaintiff's production of several color photographs on the eve of trial, five years after the accident, purporting to show the true site of the accident (Alvarez v City of New York,...

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