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EMERICK v. METROPOLITAN TRANSPORTATION AUTHORITY

272 A.D.2d 150 (2000)

708 N.Y.S.2d 612

JOSEPH EMERICK et al., Respondents, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Appellants.

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

Decided May 11, 2000.

Inasmuch as MTA is not liable for the torts of its subsidiary, MTA-Long Island Bus (MTA-LIB) that arise out of the subsidiary's operations, it is not a proper party in this action. Therefore, its motion to dismiss should have been granted (Noonan v Long Is. R. R., 158 A.D.2d 392, 393), and its headquarters cannot serve as the basis for laying venue (see, Halinc Yin Fong Chow v Long Is. R. R., 202 A.D.2d 154...

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