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MATTER OF GUERRE v. NEW YORK CITY TR. AUTH.

2023-00497, Index No. 528327/22.

2024 NY Slip Op 02052

IN THE MATTER OF CATHRINA GUERRE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided April 17, 2024.

Attorney(s) appearing for the Case

Anna J. Ervolina , Brooklyn, NY ( Timothy J. O'Shaughnessy of counsel), for appellant.

Redmond Law Firm, PLLC, New York, NY ( Cornelius Redmond , of counsel), for respondent.

Before: Angela G. Iannacci, J.P., Cheryl E. Chambers, Linda Christopher, Carl J. Landicino, JJ.

DECISION & ORDER

In a proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim or to deem a late notice of claim timely served nunc pro tunc, the New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Consuelo Mallafre-Melendez, J.), dated December 23, 2022. The order granted the petition.

ORDERED that the order is reversed, on the facts and in the exercise of discretion...

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