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CLARKE v. NEW YORK CITY TR. AUTH.

Index No. 157920/22 Appeal No. 1282 Case No. 2023-01442.

222 A.D.3d 552 (2023)

202 N.Y.S.3d 89

2023 NY Slip Op 06591

Tyrone Clarke, Appellant, v. New York City Transit Authority et al., Respondents.

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

Decided December 21, 2023.

Attorney(s) appearing for the Case

Victor A. Carr & Associates, Mineola ( Victor A. Carr of counsel), for appellant.

Anna J. Ervolina , MTA Law Dept, Brooklyn ( Timothy J. O'Shaughnessy of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Mendez, Higgitt, JJ.

Order, Supreme Court, New York County (Denise M. Dominguez, J.), entered March 7, 2023, which denied petitioner's motion for leave to serve a late notice of claim, unanimously reversed, on the law and in the exercise of discretion, without costs, and the motion granted.

Petitioner alleges that a bus owned by respondent New York City Transit Authority (NYCTA) and driven by an NYCTA employee struck his parked van while he...

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