Cane v. City of New York

—Order, Supreme Court, New York County (Walter Tolub, J.), entered May 18, 1993, which granted defendant Manhattan and Bronx Surface Transit Operating Authority’s ("MABSTOA”) motion for summary judgment and dismissed the complaint, unanimously affirmed, without costs.

The IAS Court correctly held no factual issue as to equitable estoppel is raised since MABSTOA was under no obligation to aid plaintiffs in prosecuting their claims and, rather than misleading plaintiffs, MABSTOA and New York City Transit Authority ("NYCTA”) provided several indications within the statutory period that NYCTA was…