POLSKY v. METROPOLITAN TRANSPORTATION AUTHORITY


37 A.D.3d 243 (2007)

829 N.Y.S.2d 102

JOHN POLSKY, Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY, Respondent.

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

Decided February 13, 2007.


MTA's motion for summary judgment, which was made shortly after plaintiff filed a note of issue and long after the one-year-and-90-day statute of limitations had expired, asserted, as did MTA's answer served 2½ months before the statute of limitations had expired, that the subway station is owned and operated by nonparty TA. Plaintiff's cross motion to amend, which does not appear to have been served on TA, asserted that TA was not prejudiced by the naming of MTA on...

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