PORTILLO v. NEW YORK CITY TRANSIT AUTHORITY

3664, 103803/07.

84 A.D.3d 535 (2011)

922 N.Y.S.2d 397

JUAN PORTILLO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided May 12, 2011.


Plaintiff was injured when his leg got caught in the gap between a subway car and the platform at the Union Square Station. Allegedly, the press of passengers exiting the car caused him to release his grip on the pole he had been holding, and be pushed out the door. Although plaintiff filed a timely notice of claim, defendant moved to dismiss the complaint on the ground, in part, that the notice of claim was defective for failing to specify the exact location of the accident...

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