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CESPEDES v. CITY OF NEW YORK

301 A.D.2d 404 (2003)

752 N.Y.S.2d 863

PELAYO CESPEDES, Appellant, v. CITY OF NEW YORK, Defendant, and 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 January 14, 2003.

Plaintiff served a notice of claim alleging serious personal injuries as a result of a fall on a City bus and defendants then served plaintiff with a notice of hearing pursuant to section 1200 et seq. of the Public Authorities Law. Plaintiff failed to appear and commenced this personal injury action. Since there is no prohibition in the Public Authorities Law to the commencement of an action until compliance with a demand for an examination, the IAS court should not...

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