| Matter of Ky Tong Tang v New York City Tr. Auth. |
| 2026 NY Slip Op 00334 [245 AD3d 619] |
| January 27, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Ky Tong Tang et al.,
Respondents, v New York City Transit Authority, Appellant. |
Anna J. Ervolina, Deputy General Counsel-Torts, MTA Law Department, Brooklyn (Adrienne Yaron of counsel), for appellant.
Rosenbaum & Rosenbaum, P.C., New York (Erica M. Martini of counsel), for respondents.
Municipal Corporations
- Notice of Claim
- Late Notice
- Reasonable Excuse
Order, Supreme Court, New York County (Richard A. Tsai, J.), entered December 10, 2024, which granted petitioners' motion for leave to serve a late notice of claim upon respondent New York City Transit Authority, unanimously affirmed, without costs.
The court providently exercised its discretion in granting petitioners' motion for leave to serve a late notice of claim where they moved for leave 27 days after the 90-day deadline (see Matter of Sproule v New York Convention Ctr. Operating Corp., 180 AD3d 496, 497 [1st Dept 2020]; Matter of Richardson v New York City Hous. Auth., 136 AD3d 484, 485 [1st Dept 2016], lv denied 28 NY3d 905 [2016]). The delay was reasonable, particularly in light of the type of accident, namely, a traffic accident between two buses that a New York City police officer investigated (see Matter of Mejia v New York City Tr. Auth., 224 AD3d 546 [1st Dept 2024], lv denied 42 NY3d 1029 [2024]). Further, petitioners' excuse, a mistaken reliance on the police report in determining who operated the municipal bus route, was not unreasonable (see generally Matter of Sokolowski v New York City Hous. Auth., 173 AD2d 239, 239 [1st Dept 1991]). Concur—Moulton, J.P., Mendez, Rodriguez, Rosado, Hagler, JJ.