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Santiago v. Liberty Lines Transit, Inc.

Citations: 259 A.D.2d 362; 687 N.Y.S.2d 57; 1999 N.Y. App. Div. LEXIS 2791

Court: Appellate Division of the Supreme Court of the State of New York; March 17, 1999; New York; State Appellate Court

Narrative Opinion Summary

The Supreme Court, Bronx County, affirmed the order denying the defendant's motion to dismiss the complaint on the grounds of the plaintiffs' alleged failure to file a timely notice of claim. The defendant's argument that the documentation submitted did not constitute a valid notice of claim was found to be without merit. The court noted that the plaintiff had sent a letter to the defendant’s counsel at the defendant's direction, filed a no-fault application related to the incident with the claims administrator, and that the bus driver involved provided both written and oral reports about the incident. Together, these submissions were deemed sufficient to meet the requirements for a valid notice of claim under General Municipal Law § 50-e. The decision cited precedents supporting this conclusion.

Legal Issues Addressed

Sufficiency of Notice of Claim under General Municipal Law § 50-e

Application: The court determined that various forms of documentation, including a letter sent to defendant’s counsel, a no-fault application, and reports from the bus driver, collectively satisfied the requirements for a valid notice of claim.

Reasoning: Together, these submissions were deemed sufficient to meet the requirements for a valid notice of claim under General Municipal Law § 50-e.

Timeliness of Filing Notice of Claim

Application: The court rejected the defendant’s argument that the plaintiffs failed to file a timely notice of claim, affirming the sufficiency and timeliness of the documentation provided by the plaintiffs.

Reasoning: The Supreme Court, Bronx County, affirmed the order denying the defendant's motion to dismiss the complaint on the grounds of the plaintiffs' alleged failure to file a timely notice of claim.

Validity of Notice of Claim Documentation

Application: The court found that the defendant's assertion that the documentation did not constitute a valid notice of claim was without merit.

Reasoning: The defendant's argument that the documentation submitted did not constitute a valid notice of claim was found to be without merit.