Plaintiff filed motion for leave to file an untimely notice of claim against city and city transit authority, relating to plaintiff’s alleged fall at subway platform. The Supreme Court denied the motion. Plaintiff appealed.
The Supreme Court, Appellate Division, held that:
- City, as out-of-possession landlord, did not have responsibility for allegedly hazardous condition, and
- Plaintiff did not show city transit authority’s actual knowledge of essential facts.