Legal Opinion
Vandermast v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided March 30, 2010PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Miller, J.), dated May 21, 2009, which granted that branch of the defendants’ cross motion which was to dismiss the complaint for failure to serve a timely notice of claim, and denied, as academic, her motion, in effect, pursuant to CPLR 3126 to strike the defendants’ answer or, in the alternative, to compel certain discovery.
Ordered that the order is affirmed, with costs.
The Supreme Court properly rejected the plaintiffs equitable *1128estoppel claim. Estoppel against a…
2Cases cited3 opinions
- Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
- Wade v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Commack Roller Rink, Inc. v. Commack Arena Marketing, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by5 opinions
- Dorce v. United Rentals North America, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Browne v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Attallah v. Nassau University Medical CenterAppellate Division of the Supreme Court of the State of New York · 2015
- Dier v. Suffolk County Water AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Dreckette v. New York City Health & Hospitals Corp.New York Supreme Court · 2014