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TURNER v. NEW YORK CITY TRANSIT AUTHORITY

257 A.D.2d 421 (1999)

683 N.Y.S.2d 239

GERARD TURNER, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided January 12, 1999.

Plaintiff was excused by General Municipal Law § 205-e (2) from the requirement to serve and file a notice of claim on the New York City Transit Authority (NYCTA) within 90 days of the accrual of his cause of action.

The reasoning employed by the IAS Court, and its reliance upon Huebner v New York City Tr. Auth. (226 A.D.2d 678), were rejected by the Court of Appeals in Schiavone v City of New York (

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