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KENNEDY v. NEW YORK CITY TRANSIT AUTHORITY

282 A.D.2d 653 (2001)

723 N.Y.S.2d 699

EUGENE KENNEDY, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided April 23, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the defendant's motion to dismiss the complaint on the ground that the plaintiff failed to timely serve a notice of claim (see, General Municipal Law § 50-e [1] [a]; Public Authorities Law § 1212 [2]). Further, the Supreme Court correctly determined that it could not permit service of a late notice of claim because the Statute of Limitations...

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