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GOMEZ v. NEW YORK CITY TRANSIT AUTHORITY

19 A.D.3d 366 (2005)

795 N.Y.S.2d 909

MARIA ISABEL GOMEZ, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

June 6, 2005.

Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, and the motion is denied.

Since the defendant New York City Transit Authority (hereinafter the NYCTA) failed to move to vacate the note of issue within 20 days after its filing (see 22 NYCRR 202.21 [e]; Rodriguez v Sau Wo Lau, 298 A.D.2d 376 [2002]), it was required to demonstrate that unusual or unanticipated circumstances...

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