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COLLINS v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.

192 A.D.2d 464 (1993)

596 N.Y.S.2d 413

James Collins, Appellant, v. Manhattan & Bronx Surface Transit Operating Authority et al., Respondents

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

April 27, 1993

The IAS Court correctly held that it lacked the discretion to grant plaintiff leave to serve a late notice of claim since the motion therefor was not made within one year and 90 days after the cause of action accrued (Public Authorities Law § 1212 [2]; see, Reis v Manhattan & Bronx Surface Tr. Operating Auth., 161 A.D.2d 288, lv denied 76 N.Y.2d 707). No issue of estoppel is raised since NYCTA, rather than...

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