Opinion
17438 Index No. 155875/18 Case No. 2021–00475
03-02-2023
Sophia GREGORY, Plaintiff–Appellant, v. The METROPOLITAN TRANSPORTATION AUTHORITY, Defendant–Respondent.
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.
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.
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 amendment (see Sew Wai Yong v. City of New York, 41 A.D.3d 212, 213, 841 N.Y.S.2d 3 [1st Dept. 2007] ).