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MAGRABI v. CITY OF NEW YORK

211 A.D.2d 422 (1995)

621 N.Y.S.2d 39

Chaya Magrabi, Respondent, v. City of New York, Defendant, and Manhattan and Bronx Surface Transit Operating Authority et al., Appellants

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

January 5, 1995

On February 4, 1989, plaintiff, then 64 years of age, was injured when, as he alleges, he slipped and fell into a hole in the roadway filled with water while exiting a bus on Third Avenue between 52nd and 53rd Streets. In late August of that year plaintiff, acting without the benefit of counsel, filed an untimely notice of claim, which was rejected by the Transit Authority and MABSTOA (defendants). Plaintiff thereafter retained counsel, who successfully moved for leave to...

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