VANDERMAST v. NEW YORK CITY TRANSIT AUTHORITY

2009-06157.

71 A.D.3d 1127 (2010)

896 N.Y.S.2d 910

LEIA VANDERMAST, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondent.

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

Decided March 30, 2010.


Ordered that the order is affirmed, with costs.

The Supreme Court properly rejected the plaintiff's equitable estoppel claim. Estoppel against a municipal defendant will lie only when the municipal defendant's conduct was calculated to, or negligently did, mislead or discourage a party from serving a timely notice of claim and when that conduct was justifiably relied upon by that party (see Bender v New York City Health...

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