Milone v. City of New York

Background

Jacqueline R. Milone alleged that she tripped over uneven and defective yellow mats on a sidewalk in front of Bryant Park on Sixth Avenue in Manhattan on December 29, 2022. She alleged that she suffered injuries, including injuries to her right hip, right knee, and right leg. Jacqueline and John Milone asserted claims for negligence and for loss of consortium and spousal support.

The amended complaint named the New York City Transit Authority, the Metropolitan Transportation Authority, and MTA Bus Company as defendants. The opinion refers to these entities collectively as the Transit Defendants. The Milones alleged that they had served a notice of claim on the City of New York, the New York City Department of Transportation, and the New York City Department of Parks and Recreation, but they did not allege that they had served a notice of claim on the New York City Transit Authority or the Metropolitan Transportation Authority. They also did not allege that they had served the required pre-suit demand or claim on MTA Bus Company.

The Motions

The Transit Defendants moved to dismiss the amended complaint under Federal Rule of Civil Procedure 12(b)(6), which tests whether a complaint states a legally sufficient claim. The Milones cross-moved for permission to serve a late notice of claim on the Transit Defendants. They described their failure to identify the Transit Defendants earlier as an inadvertent mistake.

Notice-of-Claim Requirements

The court explained that state notice-of-claim requirements apply to state-law claims brought in federal court. New York law required the Milones to serve a notice of claim on the New York City Transit Authority and the Metropolitan Transportation Authority within 90 days after the claim arose, and to wait at least 30 days before suing. The court held that the Milones conceded they had not served those notices.

The court also explained that MTA Bus Company, as a subsidiary of the Metropolitan Transportation Authority, was not required to receive a notice of claim, but the Milones still had to serve a pre-suit demand or claim at least 30 days before filing suit. The court found that the Milones had not complied with that requirement either.

Ruling

The court held that federal courts could not grant permission to file a late notice of claim. It therefore dismissed the Milones’ claims against the New York City Transit Authority and the Metropolitan Transportation Authority with prejudice.

The court also dismissed the claims against MTA Bus Company with prejudice. Although the demand requirement could theoretically be corrected through an amended complaint, the court found that amendment would be futile because the one-year-and-90-day limitations period for the MTA Bus claims had expired. The claims arose on December 29, 2022, and the Milones filed their request to amend on May 31, 2024.

The court did not decide whether the Metropolitan Transportation Authority was otherwise a proper party because the claims against it were already subject to dismissal for failure to serve a notice of claim.

Disposition

The court granted the Transit Defendants’ motion, denied the Milones’ cross-motion, and dismissed the claims against the Transit Defendants with prejudice. The Clerk was directed to terminate the New York City Transit Authority, the Metropolitan Transportation Authority, and MTA Bus Company as defendants.