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FABIAN v. NEW YORK CITY TRANSIT AUTHORITY

271 A.D.2d 244 (2000)

707 N.Y.S.2d 36

PABLO FABIAN, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided April 6, 2000.

The precise date of plaintiff's accident, in September 1995, was confirmed at the evidentiary hearing in May 1998, where plaintiff's counsel and defendant's examiner agreed that the pleadings, the bill of particulars and the notice of claim would be amended to reflect the correct date. Plaintiff subsequently changed attorneys, and no effort to amend was made until December 1998, in response to defendant's dismissal motion.

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