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NOWINSKI v. CITY OF NEW YORK

189 A.D.2d 674 (1993)

Janice Nowinski, Respondent, v. City of New York et al., Defendants, and New York City Transit Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 19, 1993

The plaintiff instituted this action to recover damages for personal injuries allegedly sustained at the Times Square subway station, by serving a notice of claim on the Manhattan and Bronx Surface Transit Operating Authority ("MABSTOA"), the Metropolitan Transportation Authority ("MTA") and the City. However, the New York City Transit Authority ("NYCTA") was the proper party to be served since it is a separate entity and bears responsibility for operating the subway stations...

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