QUINN v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY


273 A.D.2d 144 (2000)

710 N.Y.S.2d 894

SUYAPA QUINN, Appellant, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Respondents.

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

Decided June 22, 2000.


Petitioner claims that her late filing and service of her notice of claim was attributable to a clerical error by her counsel, which caused her notice of claim initially to be mistakenly filed with the City of New York, a non-party. The proffered excuse, law office failure, whether premised on an inadvertent clerical mishap or on an error in ascertaining the correct party to sue, was not, however, one that would support a grant of permission to file a late notice of claim...

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