Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a hearing to determine when the plaintiff served a notice of claim on the defendant New York City Transit Authority and a new determination of that branch of the motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against the New York City Transit Authority thereafter.
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