Westchester County Correction Officers Benevolent Ass'n v. County of WestchesterWestchester County Correction Officers Benevolent Ass'n v. County of Westchester
Timely service of a notice of claim is a condition precedent to the commencement of an action sounding in tort against the New York City Transit Authority (hereinafter the NYCTA) (see General Municipal Law §§ 50-e [1] [a]; 50-i [1] [a]; Public Authorities Law § 1212 [2]; Matter of Groves v New York City Tr. Auth., 44 AD3d 856 [2007]; Small v New York City Tr. Auth., 14 AD3d 690, 691 [2005]; Adams v New York City Tr. Auth., 140 AD2d 572, 573 [1988]). In determining whether to extend the time to serve a notice of claim, the court will consider whether, in particular, the public corporation received actual notice of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, whether the claimant has a reasonable excuse for the failure to serve a timely notice of claim, and whether the delay would substantially prejudice the public corporation in its defense on the merits (see General Municipal Law § 50-e [5]; Matter of Groves v New York City Tr. Auth., 44 AD3d 856 [2007]; Matter of White v New York