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MATTER OF LOPEZ v. CITY OF NEW YORK

248 A.D.2d 258 (1998)

668 N.Y.S.2d 889

In the Matter of Monica Lopez, Respondent, v. City of New York, Defendant, and New York City Transit Authority, Appellant

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

March 19, 1998

The motion was properly granted where the delay resulting from plaintiff's mistaken service of her notice of claim on the wrong public entity was short (see, Matter of Soto v New York City Hous. Auth., 180 A.D.2d 570), and where the section 50-h hearing might well clarify the location and nature of the alleged defect in the subway station pavement that caused plaintiff to fall, and the prejudice, if any, to defendant caused...

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