Appeal by defendant New York City Transit Authority from an order of the Civil Court, Kings County (K. Yellen, J.), entered October 16, 2002, which denied its motion to dismiss the complaint pursuant to CPLR 3211(a) (7).

Order unanimously affirmed without costs.

In this action, plaintiffs seek to recover for property damage to their automobile which was allegedly rear-ended by defendant New York City Transit Authority's (NYCTA) bus on November 23, 1998. Defendant NYCTA moved to dismiss on the ground that plaintiffs had failed to timely serve a notice of claim, in accordance with General Municipal Law § 50-e and Public Authorities Law § 1212. In our opinion, the notice of claim timely filed and served by plaintiff sufficiently apprised defendant of a possible property damage claim, and afforded it an adequate opportunity to conduct an investigation of the property damage claim while the information was readily available (see Caselli v City of New York, 105 AD2d 251 [1984]). Accordingly, the court below did not err in denying defendant NYCTA's motion to dismiss the complaint against it. [*2]
Decision Date: January 27, 2004