Williams v New York City Tr. Auth., 2011 NY Slip Op 09026 [90 AD3d 522]

Dcmbr 15, 2011

Appellate Division, First Department

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Madu, Edozie & Madu, P.C., Bronx (Stephen R. Krawitz of counsel), for appellant.

Wallace D. Gossett, Brooklyn (Jane Shufer of counsel), for respondents.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 12, 2010, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff failed to timely serve a notice of claim on the Transit Authority, which was not obligated to alert her to that fact and which neither waived the defense nor is equitably estopped from raising it ( see General Municipal Law § 50-e [1] [a]; Wollins v New York City Bd. of Educ. , 8 AD3d 30 , 31 [2004]; McCrae v City of New York , 44 AD3d 306 [2007]; Frank v City of New York , 240 AD2d 198 [1997]).

The lease between the City and the Transit Authority establishes that the City was not responsible for maintenance of the subway station. Concur—Tom, J.P., Friedman, Freedman, Richter and Manzanet-Daniels, JJ..