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MARTINEZ v. CITY OF NEW YORK

9428, 16403/03.

104 A.D.3d 407 (2013)

961 N.Y.S.2d 54

2013 NY Slip Op 1350

JAVIER MARTINEZ et al., Appellants, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

March 5, 2013.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered March 22, 2012, which granted defendant New York City Transit Authority's (NYCTA) motion for summary judgment dismissing the complaint for failure to file a notice of claim and denied plaintiffs' cross motion for leave to serve a late notice of claim, unanimously affirmed, without costs.

In this personal injury action, plaintiffs filed a notice of claim...

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