MORGAN v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


238 A.D.2d 278 (1997)

656 N.Y.S.2d 273

Ernetta D. Morgan et al., Appellants, v. Manhattan and Bronx Surface Transit Operating Authority, Respondent and Third-Party Plaintiff-Respondent. New York City Health and Hospitals Corp. et al., Third-Party Defendants-Respondents

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

April 29, 1997


The motion was properly denied in view of the 13-year age of the case when the motion was made; plaintiff's medical proof which shows that the severity of her injuries were known soon after commencement of the action, and contains no persuasive evidentiary support for her claim of continuing treatment during the preceding 10 years; the lack of a reasonable excuse for the delay; and prejudice that would result to defendant, who would be further disadvantaged in defending itself...

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