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RUSSIAN SAMOVAR, INC. v. TRANSIT WORKER'S UNION OF AMERICA

45 A.D.3d 499 (2007)

847 N.Y.S.2d 164

RUSSIAN SAMOVAR, INC., Doing Business as SAMOVAR SCH FOOD SERVICE, Doing Business as PAPOO'S RESTAURANT, et al., Respondents, v. TRANSIT WORKER'S UNION OF AMERICA et al., Defendants, and METROPOLITAN TRANSPORTATION AUTHORITY, Sued Herein as METROPOLITAN TRANSIT AUTHORITY, Appellant.

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

Decided November 29, 2007.

Plaintiff businesses allege economic injury due, inter alia, to improper negotiation tactics by the MTA, which purportedly resulted in the December 2005 New York City Transit strike. Plaintiffs failed to comply with the prerequisite pleading and notice of claim requirements of Public Authorities Law § 1276 (1) and (2). Contrary to the court's finding, the MTA adequately raised this point in its motion to dismiss, specifically in the affidavit of its manager of legal...

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