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CANE v. CITY OF NEW YORK

209 A.D.2d 217 (1994)

618 N.Y.S.2d 314

David Cane et al., Appellants, v. City of New York et al., Respondents

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

November 10, 1994

The IAS Court correctly held no factual issue as to equitable estoppel is raised since MABSTOA was under no obligation to aid plaintiffs in prosecuting their claims and, rather than misleading plaintiffs, MABSTOA and New York City Transit Authority ("NYCTA") provided several indications within the statutory period that NYCTA was the proper party defendant (Collins v Manhattan & Bronx Surface Tr. Operating Auth., 192 A.D.2d 464

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