Williams v New York City Tr. Auth.

Williams v New York City Tr. Auth. 2011 NY Slip Op 09026 Decided on December 15, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 15, 2011
Tom, J.P., Friedman, Freedman, Richter, Manzanet-Daniels, JJ.
6356 250360/09

[*1]Natalie Williams, Plaintiff-Appellant,

v

New York City Transit Authority, et al., Defendants-Respondents.




Madu, Edozie & Madu, P.C., Bronx (Stephen R. Krawitz of
counsel), for appellant.
Wallace D. Gossett, Brooklyn (Jane Shufer of counsel), for
respondents.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 12, 2010, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff failed to timely serve a notice of claim on the Transit Authority, which was not obligated to alert her to that fact and which neither waived the defense nor is equitably estopped from raising it (see General Municipal § Law 50-e[1][a]; Wollins v New York City Bd. of Educ., 8 AD3d 30, 31 [2004]; McCrae v City of New York, 44 AD3d 306 [2007]; Frank v City of New York, 240 AD2d 198 [1997]).

The lease between the City and the Transit Authority establishes that the City was not responsible for maintenance of the subway station.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 15, 2011

CLERK