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BROWNE v. NEW YORK CITY TRANSIT AUTHORITY

2011-02604

90 A.D.3d 965 (2011)

934 N.Y.S.2d 821

2011 NY Slip Op 9575

SANDRA BROWNE, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided December 27, 2011.

Ordered that the order is affirmed, with costs.

The plaintiff's late service of a notice of claim upon the defendant was a nullity, as it was made without leave of the court (see Ellman v Village of Rhinebeck, 27 A.D.3d 414, 415 [2006]; Alston v Aversano, 24 A.D.3d 399 [2005]; Pierre v City of New York, 22 A.D.3d 733 [2005]). Furthermore...

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