PALMER v. New York City Department of Transportation, et al., Defendants-Respondents, (2025)

Supreme Court, Appellate Division, First Department, New York.

Pamela PALMER, Plaintiff-Appellant, v. The CITY OF NEW YORK, Defendant, New York City Department of Transportation, et al., Defendants-Respondents,
“John Doe,” etc., et al., Defendants. The City of New York, Third-Party Plaintiff, v. Consolidated Edison Company of New York, Inc., Third-Party Defendant-Appellant.

4629

Decided: June 24, 2025

Webber, J.P., Friedman, Kapnick, Higgitt, Michael, JJ.

Jonathan D'Agostino & Associates, P.C., Staten Island (Edward J. Pavia, Jr. of counsel), for Pamela Palmer, appellant. DSR Appeals, Montrose (Daniel S. Ratner of counsel), for Consolidated Edison Company of New York Inc., appellant. Anna J. Ervolina, MTA Law Dept, Brooklyn (Gregory A. Cascino of counsel), for respondents.

Order, Supreme Court, New York County (Richard Tsai, J.), entered on or about March 27, 2024, which granted the motion of defendants New York City Department of Transportation, New York City Transit Authority, Metropolitan Transportation Authority, and MTA Bus Company (collectively Transit Defendants) to dismiss the complaint and all cross-claims as against them, unanimously reversed, on the law, without costs, and the motion denied.

The Transit Defendants were not surprised or prejudiced by the claim that they failed to provide plaintiff with a safe place to board the bus since it was included in the notice of claim which is part of the record (see HSBC Bank USA, N.A. v. Nomura Credit & Capital, Inc, 234 A.D.3d 485, 486, 226 N.Y.S.3d 177 [1st Dept. 2025]; Valenti v. Camins, 95 A.D.3d 519, 522, 943 N.Y.S.2d 504 [1st Dept. 2012]; see also Kazantzis v. Cascade Funding RM1 Acquisitions Grantor Trust, 217 A.D.3d 410, 411, 191 N.Y.S.3d 8 [1st Dept. 2023]).

We have considered the remaining arguments and find them unavailing.

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