Allen v. Manhattan & Bronx Surface Transit Operating Authority

Order of Supreme Court, Bronx County (Lewis R. Friedman, J.), entered on or about May 4, 1990, inter alia, denying defendants’ motion and cross motion to strike the case from the Trial Calendar, unanimously affirmed, without costs.

Defendant, Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), moved to strike the case from the Trial Calendar upon the ground that plaintiff failed to execute the transcript of the preliminary hearing conducted pursuant to Public Authorities Law § 1212 (5). The statute, however, does not require plaintiff to do so. Hence, the record indicates that…