BASS v. NEW YORK CITY TRANSIT AUTH.

1387N, 157294/14.

140 A.D.3d 449 (2016)

31 N.Y.S.3d 871

2016 NY Slip Op 04348

JENNA BASS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, et al., Respondents.

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

Decided June 7, 2016.


Petitioner's failure to establish a reasonable excuse for her delay in filing a notice of claim is not fatal to her application for leave to file a late notice (see Matter of Sosa v City of New York, 124 A.D.3d 546, 547 [1st Dept 2015]; General Municipal Law § 50-e [5]). The record shows that respondents had actual knowledge of the facts upon which their liability is predicated within 90 days after the claim arose (see Rao...

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