Legal Opinion
Castro-Castillo v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 2010PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Harold B. Beeler, J.), entered July 15, 2009, which granted defendants’ motion to dismiss the complaint for failure to serve a notice of claim upon the proper party, unanimously affirmed, without costs.
Plaintiff was allegedly injured in a slip and fall on a slushy subway staircase. Although she served a timely notice of claim on the City and the Metropolitan Transportation Authority (MTA), she failed to serve such a notice upon the proper party, defendant New York City Transit Authority (NYCTA), which operates the subway system. It is well settled that…
2Cases cited3 opinions
- Scantlebury v. New York City Health & Hospitals Corp.New York Court of Appeals · 2005
- Cottiers v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Williams v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by3 opinions
- Glasheen v. ValeraAppellate Division of the Supreme Court of the State of New York · 2014
- Adam v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2019
- Glasheen v. ValeraAppellate Division of the Supreme Court of the State of New York · 2014