In this action to recover damages for catastrophic injuries sustained after being struck by a subway train, the Appellate Division, First Department, in accordance with M&H’s arguments on appeal, determined that the late notice of claim was permissible under the circumstances, finding that the delay was minimal, plaintiff had required inpatient medical treatment for two months following the accident, and NYCTA had the opportunity to timely investigate the essential facts via its train conductor and an investigating police officer from the transit branch of the NYPD.