Bethel v. New York City Transit Authority

Order, Supreme Court, New York County (Alfred Toker, J.), entered July 23, 1993, which denied the motion by defendant New York City Transit Authority ("NYCTA”) for summary judgment pursuant to CPLR 3212 dismissing the complaint, unanimously affirmed, without costs.

The IAS Court, in this personal injury action, properly denied the motion for summary judgment seeking to dismiss the plaintiffs complaint. The record reveals that NYCTA and the Manhattan and Bronx Surface Transit Operating Authority ("MABSTOA”) should be equitably estopped from denying lack of proper notice, where, as here, their…