for New York practitioners and students of New York practice.
Wednesday, October 26, 2016
Service of a notice of claim by regular mail.
Practice point: The Appellate Division affirmed the denial of defendant's motion to dismiss for failure to serve a proper notice of claim. The notice was served by regular mail on the Transit Authority within 90 days after the claim arose, and the Transit Authority requested a 50-h hearing. While service was noncompliant with statutory provisions, the notice was valid because it was served within the statutory period and the public corporation demanded an examination of the claimant.
Case: Lapsley-Cockett v. Metropolitan Tr. Auth., NY Slip Op 06861 (1st Dep't October 20, 2016)