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FETAHU v. NEW JERSEY TR. CORP.

Index No. 158294/13. Appeal No. 14239. Case No. 2020-02574.

197 A.D.3d 1065 (2021)

154 N.Y.S.3d 50

2021 NY Slip Op 05164

Valbona Fetahu, Respondent, v. New Jersey Transit Corporation, Appellant.

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

Decided September 30, 2021.

Attorney(s) appearing for the Case

McGivney Kluger Clark & Intoccia P.C., New York ( Dean L. Pillarella of counsel), for appellant.

Law Office of Jonah Grossman, Jamaica ( Lawrence B. Lame of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.

Although defendant is an "arm of the state" of New Jersey (see Karns v Shanahan, 879 F.3d 504, 512-519 [3d Cir 2018]), it waived its sovereign immunity defense by engaging in litigation conduct that amounted to an "inescapably ... clear declaration to have [New York] courts entertain this action" (see Belfand v Petosa, 196 A.D.3d 60, 73 [1st Dept 2021]). Defendant did not assert the defense until six years after commencement...

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