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MATTER OF RODRIGUEZ v. METROPOLITAN TRANSP. AUTH.

162629/15, 5030N, 5029.

155 A.D.3d 520 (2017)

65 N.Y.S.3d 44

2017 NY Slip Op 08208

In the Matter of ANDRES RODRIGUEZ et al., Appellants, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents.

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

Decided November 21, 2017.

The notice of claim requirement does not apply to respondent Metropolitan Transportation Authority's (the MTA) subsidiaries, which include respondents MTA Capital Construction Company (MTA Capital) and Long Island Rail Road (see Public Authorities Law §§ 1265-b [1] [a]; 1276 [6]; Stampf v Metropolitan Transp. Auth., 57 A.D.3d 222 [1st Dept 2008]). A suit against these entities must be preceded by a demand for payment...

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