Miriam D’Alessandro, Appellant v. New York City Transit Authority, Respondent

Summary

The New York Court of Appeals reversed the Appellate Division’s dismissal of the plaintiff’s negligence claim and remanded the case for the Supreme Court to determine, under General Municipal Law § 50‑e(6), whether the insufficient notice of claim can be cured without prejudice. The court held that the adequacy of a notice of claim may be assessed using evidence from the § 50‑h hearing and is not limited to the four corners of the notice itself.