DELACRUZ v. METROPOLITAN TRANSPORTATION AUTHORITY


45 A.D.3d 482 (2007)

846 N.Y.S.2d 160

RAFAEL DELACRUZ, Respondent, v. METROPOLITAN TRANSPORTATION AUTHORITY, Appellant.

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

Decided November 27, 2007.


The record fails to support plaintiff's contention that the Metropolitan Transportation Authority (MTA) should be equitably estopped from claiming it is not the proper party defendant. That doctrine applies only "where a governmental subdivision acts or comports itself wrongfully or negligently, inducing reliance by a party who is entitled to rely and who changes his position to his detriment or prejudice" (Bender v New York City Health & Hosps. Corp., ...

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