AVERY v. NEW YORK CITY TR. AUTH.

2015-03924, Index No. 2526/14.

138 A.D.3d 770 (2016)

29 N.Y.S.3d 499

2016 NY Slip Op 02770

ALICIA AVERY, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided April 13, 2016.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jimenez-Salta, J.), dated January 23, 2015, which denied her motion for leave to serve an amended notice of claim.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion for leave to serve an amended notice of claim is granted.

On September 18, 2013, the plaintiff...

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