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GREGORY v. METROPOLITAN TRANSP. AUTH.

Index No. 155875/18 Appeal No. 17438 Case No. 2021-00475.

214 A.D.3d 413 (2023)

183 N.Y.S.3d 303

2023 NY Slip Op 01140

Sophia Gregory, Appellant, v. Metropolitan Transportation Authority, Respondent.

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

Decided March 2, 2023.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant.

Stephen Papandon , LIRR Law Department, Jamaica ( Thomas L. Chiofolo of counsel), for respondent.

Concur—Renwick, J.P., Friedman, Gesmer, Singh, Higgitt, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about December 7, 2020, which denied plaintiff's motion to amend the complaint to add MTA Long Island Railroad as a defendant, unanimously affirmed, without costs.

Plaintiff failed to demonstrate that the proposed defendant was united in interest with MTA. Moreover, the record fails to support plaintiff's contention that defendant MTA should be equitably estopped from challenging the requested...

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