Ordered that the order is reversed, on the facts and in the exercise of discretion, the petition is denied, and the proceeding is dismissed.
Timely service of a notice of claim is a condition precedent to the commencement of an action sounding in tort against the Metropolitan Transportation Authority (hereinafter the MTA) (see General Municipal Law § 50-e [1] [a]; Public Authorities Law §§ 1212 [2]; 1276 [2]; Davidson v Bronx Mun. Hosp.,<...
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