Beauford v. New York City Transit Authority

Full title: PATRICIA BEAUFORD, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al.…

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

Date published: Oct 22, 1998

254 A.D.2d 186 (N.Y. App. Div. 1998)

679 N.Y.S.2d 40

Opinion

October 22, 1998

Appeal from the Supreme Court, New York County (Robert Lippmann, J.).

In this action to recover for injuries allegedly sustained by plaintiff when she was struck by a bus, plaintiff has sued defendant New York City Transit Authority. The bus that struck plaintiff, however, was owned and operated by the Manhattan and Bronx Surface Transit Operating Authority. Since plaintiff sued the wrong party and failed to raise a triable issue of fact with respect to whether that party, the New York City Transit Authority, should be estopped from denying ownership or operation of the bus ( see, Nowinski v. City of New York, 189 A.D.2d 674; Luka v. New York City Tr. Auth., 100 A.D.2d 323, affd 63 N.Y.2d 667), her complaint was properly dismissed.

Concur — Nardelli, J. P., Rubin, Tom and Mazzarelli, JJ.