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HARRIS v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.

222 A.D.2d 488 (1995)

635 N.Y.S.2d 542

Vera Harris, Appellant, v. Manhattan and Bronx Surface Transit Operating Authority, Respondent, and New York City Transit Authority, Nonparty Respondent

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

December 11, 1995

Ordered that the order is affirmed, without costs or disbursements.

It is undisputed that the New York City Transit Authority was not served with the plaintiff's cross motion papers. The Supreme Court properly found, upon reargument, that it was without jurisdiction to grant the relief sought by the plaintiff as against the New York City Transit Authority, a nonparty to this action (see, Nowinski v City of New York, 189 A.D.2d 674

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