BEAUFORD v. NEW YORK CITY TRANSIT AUTHORITY

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

Patricia BEAUFORD, Plaintiff-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, et al., Defendants-Respondents.

Decided: October 22, 1998

Before NARDELLI, J.P., RUBIN, TOM and MAZZARELLI, JJ. Glenn Faegenburg, for Plaintiff-Appellant. Lawrence A. Silver, for Defendants-Respondents.

Order, Supreme Court, New York County (Robert Lippmann, J.), entered August 5, 1997, which granted the motion by defendant New York City Transit Authority for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this action to recover for injuries allegedly sustained by plaintiff when she was struck by a bus, plaintiff has sued defendant New York City Transit Authority.   The bus that struck plaintiff, however, was owned and operated by the Manhattan and Bronx Surface Transit Operating Authority.   Since plaintiff sued the wrong party and failed to raise a triable issue of fact with respect to whether that party, the New York City Transit Authority, should be estopped from denying ownership or operation of the bus (see, Nowinski v. City of New York, 189 A.D.2d 674, 592 N.Y.S.2d 369;  Luka v. New York City Trans. Auth., 100 A.D.2d 323, 474 N.Y.S.2d 32, affd. 63 N.Y.2d 667, 479 N.Y.S.2d 524, 468 N.E.2d 706), her complaint was properly dismissed.

MEMORANDUM DECISION.