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MATTER OF CONNAUGHTON v. NEW YORK CITY TRANSIT AUTHORITY

301 A.D.2d 389 (2003)

753 N.Y.S.2d 80

In the Matter of KENNETH CONNAUGHTON, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided January 9, 2003.

Petitioner's submissions sufficiently show that the delay in serving a notice of claim was due to disabling physical and mental conditions caused by the accident, and that respondent's token clerk was told about the accident shortly after it happened by petitioner's companion (see Matter of Strauss v New York City Tr. Auth., 195 A.D.2d 322). In addition, the accumulation of water and ice on the stairs was either a transient condition...

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