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MATTER OF DEGRAFFE v. NEW YORK CITY TRANSIT AUTHORITY

2016-12584 Index No. 509830/16.

160 A.D.3d 949 (2018)

72 N.Y.S.3d 476

2018 NY Slip Op 02779

In the Matter of Abad Degraffe, Appellant, v. New York City Transit Authority et al., Respondents.

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

Decided April 25, 2018.

Ordered that the order is affirmed, with costs.

A party seeking to sue a public corporation generally must serve a notice of claim on the public corporation within 90 days after the claim arises (see General Municipal Law § 50-e [1] [a]; Public Authorities Law § 1212 [2]; Matter of Newcomb v Middle Country Cent. Sch. Dist., 28 N.Y.3d 455, 460 [2016]). However, a court, in its discretion, may extend the time...

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