MATTER OF HEIMBACH v. MTA


75 N.Y.2d 387 (1990)

In the Matter of Louis Heimbach, as County Executive of the County of Orange, Appellant, v. Metropolitan Transportation Authority, Respondent.

Court of Appeals of the State of New York.

Decided March 27, 1990.


Attorney(s) appearing for the Case

James G. Sweeney, Special County Attorney, for appellant.

Anthony P. Semancik, Susan E. Weiner and Lester G. Freundlich for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

This appeal addresses the effort of the Metropolitan Transportation Authority (MTA) to shift to Orange County the cost of MTA's $369,733 settlement of a negligence action brought by a commuter who was seriously injured in a slip and fall on an icy platform at the Goshen Metro North station. MTA relied on Public Authorities Law § 1277 to certify a "total cost" of $568,975 for the operation,...

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