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CASTRO-CASTILLO v. CITY OF NEW YORK

3521, 115933/08.

78 A.D.3d 406 (2010)

910 N.Y.S.2d 68

GLORIA CASTRO-CASTILLO, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

Decided November 4, 2010.

Plaintiff was allegedly injured in a slip and fall on a slushy subway staircase. Although she served a timely notice of claim on the City and the Metropolitan Transportation Authority (MTA), she failed to serve such a notice upon the proper party, defendant New York City Transit Authority (NYCTA), which operates the subway system. It is well settled that service of the requisite notice of claim must be made upon the correct party (Williams v City of New York, ...

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