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Miller v. Lines

Appellate Division of the Supreme Court of New York, First Department
Oct 25, 1994
208 A.D.2d 454 (N.Y. App. Div. 1994)

Summary

finding that timely submission of no-fault claim form to defendant company contained sufficient information to satisfy section 50-e's requirements

Summary of this case from Delaney v. Town of Carmel

Opinion

October 25, 1994

Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).


We agree with the IAS Court that the no-fault claim form completed by plaintiff and sent to defendant bus company, together with correspondence from the attorney directed to defendant's claim department, "constituted in the aggregate a sufficient notice of claim [to the County] within the meaning of General Municipal Law § 50-e" (Losada v. Liberty Lines Tr., 155 A.D.2d 337; Tacinelli v. Liberty Lines, 123 A.D.2d 756). All the information required — identities and addresses of claimant and attorney, nature of claim and injuries, time, place and manner of incident (General Municipal Law § 50-e) — was included in the no-fault form and correspondence. While defendant claims that its general counsel did not "handle" the claim from its "inception", no claim is made that such attorney, who has the same address as defendant, is not any longer "regularly engaged in representing the county in actions arising out of accidents occurring on buses operated by [defendant bus company]" (Losada v. Liberty Lines Tr., supra; General Municipal Law § 50-e [a]), or did not receive the papers within the required 90-day period, or ever returned such papers to plaintiff for defective service (General Municipal Law § 50-e [c]).

Concur — Murphy, P.J., Sullivan, Rosenberger, Nardelli and Tom, JJ.


Summaries of

Miller v. Lines

Appellate Division of the Supreme Court of New York, First Department
Oct 25, 1994
208 A.D.2d 454 (N.Y. App. Div. 1994)

finding that timely submission of no-fault claim form to defendant company contained sufficient information to satisfy section 50-e's requirements

Summary of this case from Delaney v. Town of Carmel
Case details for

Miller v. Lines

Case Details

Full title:BERNICE MILLER, Respondent, v. LIBERTY LINES, Appellant

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

Date published: Oct 25, 1994

Citations

208 A.D.2d 454 (N.Y. App. Div. 1994)
617 N.Y.S.2d 471

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