LOPEZ v. METROPOLITAN TRANSPORTATION AUTHORITY


267 A.D.2d 359 (1999)

699 N.Y.S.2d 912

MILDRED LOPEZ, Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Defendants. NEW YORK CITY TRANSIT AUTHORITY, Nonparty Respondent.

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

Decided December 20, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was allegedly injured while riding in a bus owned by the New York City Transit Authority (hereinafter the NYCTA). After filing notices of claim against both the NYCTA and the Metropolitan Transportation Authority (hereinafter the MTA) alleging negligence, the plaintiff served the MTA, but not the NYCTA, with a summons and complaint. The MTA moved pursuant to CPLR 3211 (a) (7) to...

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