Legal Opinion

Delacruz v. Metropolitan Transit Authority

New York Supreme Court

Decided January 12, 2007PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Paul A. Victor, J.

Relief Sought

Defendant Metropolitan Transportation Authority, sued herein as Metropolitan Transit Authority (MTA), moves to dismiss pursuant to CPLR 3211, and for summary judgment pursuant to CPLR 3212, dismissing the complaint against it for failure to serve a notice of claim and to timely commence an action against the proper party defendant.

Issue Presented

Should the MTA be equitably estopped from denying ownership, operation and control of a New York City Transit Authority (NYCTA) train station and equitably estopped from asserting that service of the…

2Cases cited43 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Leon v. MartinezNew York Court of Appeals · 1994
  3. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  4. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  5. Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994

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3Cited by1 opinion

  1. Delacruz v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2007

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