1 No. 167 SSM 35: Diane Bennett v. New York City Transit Authority

1 No. 167 SSM 35
Diane Bennett,
Respondent,
v.
New York City Transit Authority,
Appellant.

2004 NY Int. 171

November 18, 2004

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Renee L. Cyr, for appellant.
Submitted by Rebecca Woodland, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Plaintiff's notice of claim provided information sufficient to apprise defendant New York City Transit Authority of the place, time and nature of her accident in order to "investigate, collect evidence and evaluate the merit of [the] claim" ( see Brown v City of New York, , 95 NY2d 389, 392 2000]). Moreover, triable issues of fact exist whether the Transit Authority had constructive notice that a continuing water condition existed on the platform of its subway station and negligently failed to remedy it.