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OLIVO-FELEZ v. COUNTY OF WESTCHESTER

23009/16. Appeal No. 14467. Case No. 2020-04967.

198 A.D.3d 574 (2021)

152 N.Y.S.3d 895

2021 NY Slip Op 05823

Jose Olivo-Felez, Appellant, v. County of Westchester et al., Respondents.

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

Decided October 26, 2021.

Attorney(s) appearing for the Case

Krieger, Wilansky & Hupart, Bronx ( Brett R. Hupart of counsel), for appellant.

Keane & Bernheimer, PLLC, Valhalla ( Katherine Woodhouse McGerald of counsel), for County of Westchester, Westchester County Department of Transportation and Bee Line Bus Company, Westchester respondents.

Anna J. Ervolina , Brooklyn ( Timothy J. O'Shaughnessy of counsel), for Metropolitan Transportation Authority, New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority, NYCTA respondents.

Concur—Kern, J.P., Oing, Singh, Mendez, Higgitt, JJ.

The NYCTA defendants and Westchester defendants have no responsibility for maintaining bus shelters within the City of New York; rather, that responsibility lies with the City (see McCormick v City of New York, 165 A.D.3d 565, 565-566 [1st Dept 2018]; Towbin v City of New York, 309 A.D.2d 505, 505 [1st Dept 2003]). However, plaintiff alleges in the complaint that employees of NYCTA defendants...

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