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BARKSDALE v. NEW YORK CITY TRANSIT AUTHORITY

294 A.D.2d 210 (2002)

741 N.Y.S.2d 697

RUBY BARKSDALE, Individually and as Administratrix of the Estate of NATALIE YOUMANS, Deceased, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided May 16, 2002.

Plaintiff's notice of claim set forth a theory of liability based on the lack of and/or improperly maintained safety chains between the subway cars where the decedent allegedly fell. After expiration of the period within which amendment of her notice of claim would have been permissible, i.e. the statute of limitations, plaintiff served a bill of particulars attributing the decedent's harm to design defects in the gates "or other...

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