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VARTANIAN v. CITY OF NEW YORK

48 A.D.3d 673 (2008)

852 N.Y.S.2d 282

HILARY VARTANIAN, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided February 19, 2008.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant New York City Transit Authority to dismiss the complaint insofar as asserted against it is granted.

Compliance with Public Authorities Law § 1212 (5) is a condition precedent to the commencement of an action against the New York City Transit Authority (hereinafter the NYCTA) (see Lynch v New York City Tr. Auth., 12 A.D.3d...

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