From Casetext: Smarter Legal Research

Bethel v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
May 11, 1995
215 A.D.2d 206 (N.Y. App. Div. 1995)

Opinion

May 11, 1995

Appeal from the Supreme Court, New York County (Alfred Toker, J.).


The IAS Court, in this personal injury action, properly denied the motion for summary judgment seeking to dismiss the plaintiff's complaint. The record reveals that NYCTA and the Manhattan and Bronx Surface Transit Operating Authority ("MABSTOA") should be equitably estopped from denying lack of proper notice, where, as here, their conduct was calculated to, or negligently did, mislead or discourage the plaintiff from serving a timely notice of claim (Fryczynski v Niagara Frontier Transp. Auth., 116 A.D.2d 979, lv dismissed 67 N.Y.2d 960).

Summary judgment should also be denied because there is a material triable issue of fact, raised by NYCTA's maintenance records, as to whether defendant NYCTA, rather than MABSTOA, maintained and/or repaired the defective passenger seat on the bus that precipitated the plaintiff's injuries.

Concur — Murphy, P.J., Rubin, Williams and Tom, JJ.


Summaries of

Bethel v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
May 11, 1995
215 A.D.2d 206 (N.Y. App. Div. 1995)
Case details for

Bethel v. New York City Transit Authority

Case Details

Full title:MARK BETHEL, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Doing…

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

Date published: May 11, 1995

Citations

215 A.D.2d 206 (N.Y. App. Div. 1995)
626 N.Y.S.2d 185

Citing Cases

Lee v. Metro. Transp. Auth.

(Matter of Goffredo v City of New York, 33 AD3d 346, 347 [1st Dept 2006]; see e.g. Bobko v City of New York,…

Lee v. Metro. Transp. Auth.

(Matter of Goffredo v. City of New York, 33 AD3d 346, 347 [1st Dept 2006]; see e.g. Bobko v. City of New…