Opinion
2011-12-15
Natalie WILLIAMS, Plaintiff–Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, et al., Defendants–Respondents.
Madu, Edozie & Madu, P.C., Bronx (Stephen R. Krawitz of counsel), for appellant. Wallace D. Gossett, Brooklyn (Jane Shufer of counsel), for respondents.
Madu, Edozie & Madu, P.C., Bronx (Stephen R. Krawitz of counsel), for appellant. Wallace D. Gossett, Brooklyn (Jane Shufer of counsel), for respondents.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 12, 2010, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.
Plaintiff failed to timely serve a notice of claim on the Transit Authority, which was not obligated to alert her to that fact and which neither waived the defense nor is equitably estopped from raising it ( see General Municipal § Law 50–e[1][a]; Wollins v. New York City Bd. of Educ., 8 A.D.3d 30, 31, 777 N.Y.S.2d 637 [2004]; McCrae v. City of New York, 44 A.D.3d 306, 841 N.Y.S.2d 864 [2007]; Frank v. City of New York, 240 A.D.2d 198, 658 N.Y.S.2d 293 [1997] ).
The lease between the City and the Transit Authority establishes that the City was not responsible for maintenance of the subway station.