Opinion

Brown v. Metropolitan Transportation Authority

  • 169 A.D.2d 570
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jan 24, 1991
Status
Published
Cited by
1 cases
Authority
More cited than 51.2%

The opinion

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered on November 6, 1989, which denied plaintiffs motion for leave to *571 deem the notice of claim filed on April 15, 1988 as timely, nunc pro tunc, unanimously affirmed, without costs.

The IAS court lacked jurisdiction to grant plaintiff leave to serve a late notice of claim with respect to an injury arising as a result of the plaintiff’s arrest on July 7, 1987, where the plaintiff did not move for leave to deem his late notice as timely filed until April 7, 1989, after the statutory one-year- and-90-day period had elapsed. (Pierson v City of New York, 56 NY2d 950.) Similarly, we find that the IAS court properly rejected plaintiff’s claim that reports issued by the Civilian Complaint Review Board and the Transit Authority Police Department constituted a valid substitute for a timely notice of claim.

It is well settled that a court cannot grant an extension to file a notice of claim after the expiration of the Statute of Limitations notwithstanding that the city had otherwise received notice of the occurrence within the statutory period. (Hochberg v City of New York, 63 NY2d 665 .)

We have considered plaintiff’s remaining contentions, and find them to be without merit. Concur—Ellerin, J. P., Kupferman, Kassal and Rubin, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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