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WILLIAMS v. NEW YORK CITY TRANSIT AUTHORITY

6356, 250360/09

90 A.D.3d 522 (2011)

934 N.Y.S.2d 313

2011 NY Slip Op 9026

NATALIE WILLIAMS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided December 15, 2011.

Plaintiff failed to timely serve a notice of claim on the Transit Authority, which was not obligated to alert her to that fact and which neither waived the defense nor is equitably estopped from raising it (see General Municipal Law § 50-e [1] [a]; Wollins v New York City Bd. of Educ., 8 A.D.3d 30, 31 [2004]; McCrae v City of New York, 44 A.D.3d 306 [2007]; Frank v City of...

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