HOYTE v. EPSTEIN


12 A.D.3d 487 (2004)

784 N.Y.S.2d 613

BERNICE M. HOYTE, Appellant, v. REUVEN J. EPSTEIN et al., Respondents.

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

November 15, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff allegedly was injured in a collision between her vehicle and a bus owned by the New York City Transit Authority (hereinafter the NYCTA). She retained the defendants to represent her in a negligence action against the NYCTA. Although the plaintiff timely signed a notice of claim, the defendants failed to serve it within 90 days of the accident...

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