Opinion
February 9, 1987
Appeal from the Supreme Court, Kings County (Williams, J.).
Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.
Under the circumstances presented, there was no basis for invoking the doctrine of equitable estoppel so as to preclude the New York City Transit Authority from asserting the Statute of Limitations as a defense (see, Luka v. New York City Tr. Auth., 100 A.D.2d 323, affd 63 N.Y.2d 667; Rosas v. Manhattan Bronx Surface Tr. Operating Auth., 109 A.D.2d 647). Accordingly, it was error to grant the plaintiff's motion to amend her summons and complaint to substitute the New York City Transit Authority for the Manhattan and Bronx Surface Transit Operating Authority as the defendant after the time in which to commence an action against the former had expired. Mollen, P.J., Bracken, Lawrence and Sullivan, JJ., concur.