MATTER OF SANTIAGO v. NEW YORK CITY TRANSIT AUTHORITY

5400, 260559/08, 5400A.

85 A.D.3d 628 (2011)

925 N.Y.S.2d 500

2011 NY Slip Op 5415

In the Matter of CARLOS SANTIAGO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided June 23, 2011.


Petitioner's proffered excuse of law office failure does not adequately excuse the delay in serving a notice of claim (see Ordillas v MTA N.Y. City Tr., 50 A.D.3d 391 [2008]). In addition, respondent did not acquire actual notice of the essential facts constituting the claim within the statutorily prescribed 90-day period or within a reasonable time thereafter (see General Municipal...

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