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JOHNSON v. NEW YORK CITY TRANSIT AUTH.

181 A.D.2d 619 (1992)

Terry Johnson, Appellant, v. New York City Transit Authority, Respondent

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

March 26, 1992

Plaintiff, allegedly injured on a subway staircase on October 10, 1990, served a notice of claim by certified mail on January 10, 1991, two days after the 90-day period for service expired. Defendant received the notice on January 14, 1991, and, on January 24, 1991, returned it to plaintiff with a letter stating that the notice was being returned because it had not been served within the statutory 90-day period (General Municipal Law § 50-e). When defendant moved to...

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