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DELACRUZ v. METROPOLITAN TRANSIT AUTHORITY

14 Misc.3d 886 (2007)

828 N.Y.S.2d 856

RAFAEL DELACRUZ, Plaintiff, v. METROPOLITAN TRANSIT AUTHORITY, Defendant.

Supreme Court, Bronx County.

January 12, 2007.

Attorney(s) appearing for the Case

Wallace D. Gossett, Brooklyn, for defendant.

Teperman & Teperman, New York City (Bruce R. Teperman of counsel), for plaintiff.

OPINION OF THE COURT

PAUL A. VICTOR, J.

Relief Sought

Defendant Metropolitan Transportation Authority, sued herein as Metropolitan Transit Authority (MTA), moves to dismiss pursuant to CPLR 3211, and for summary judgment pursuant to CPLR 3212, dismissing the complaint against it for failure to serve a notice of claim and to timely commence an action against the proper party defendant.

Issue Presented

Should the MTA be equitably...

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