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Rosa Miranda, Respondent, v. New York City Transit Authority, Appellant, et al., Defendants

New York Supreme Court, Appellate Division1999-06-22
262 A.D.2d 199694 N.Y.S.2d 352

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Opinion

majority opinion

—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered January 8, 1998, which granted plaintiff’s motion for leave to file a late notice of claim, unanimously affirmed, without costs.

Although defendant Transit Authority urges that it has been prejudiced by plaintiff’s delay in filing a notice of claim and that plaintiff’s motion for leave to file a late notice of claim should have been denied, accident reports prepared by the bus driver and a supervisor immediately after the subject accident, documenting the circumstances of plaintiff’s injury, provided defendant with timely actual knowledge of the essential facts constituting the claim (see, General Municipal Law § 50-e [5]). Accordingly, defendant’s claim of prejudice is fatally undermined. Concur — Rosenberger, J. P., Williams, Tom, Wallach and Buckley, JJ.