BENEJAN v. NEW YORK CITY TRANSIT AUTHORITY


306 A.D.2d 1 (2003)

759 N.Y.S.2d 655

TAMARA BENEJAN, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided June 3, 2003.


The notice of claim which petitioner sought leave to serve and file arises from a September 2000 automobile accident with a bus which allegedly resulted in serious injuries within the meaning of Insurance Law § 5102 (d). Petitioner failed to file a statutorily mandated notice of claim within 90 days of the accident; instead she filed her motion for leave with the clerk of court exactly one year and 90 days from the accrual date of her cause of action (see General...

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