Merino v. New York City Transit Authority

Full title: FROILAN MERINO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent

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

Date published: Jun 25, 1992

184 A.D.2d 441 (N.Y. App. Div. 1992)

585 N.Y.S.2d 404

Opinion

June 25, 1992

Appeal from the Supreme Court, New York County (James N. White, J.).

Plaintiff's notice of claim misidentified the subway staircase on which he fell, preventing defendant from investigating his claim (see, O'Brien v. City of Syracuse, 54 N.Y.2d 353, 358). The prejudice thereby caused was not eliminated by plaintiff's production of several color photographs on the eve of trial, five years after the accident, purporting to show the true site of the accident (Alvarez v. City of New York, 155 A.D.2d 373).

Concur — Sullivan, J.P., Wallach, Asch, Kassal and Rubin, JJ.