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Messena v. Manhattan & Bronx Surface Transit Operating Authority

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1998
249 A.D.2d 280 (N.Y. App. Div. 1998)

Opinion

April 6, 1998

Appeal from the Supreme Court, Queens County (LeVine, J.).


Ordered that the appeal from the order dated July 12, 1996, is dismissed as that order was superseded by the order dated March 12, 1997, made in effect, upon renewal; and it is further,

Ordered that the order dated March 12, 1997, is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

The motion for summary judgment was properly denied since there is a factual dispute as to whether the plaintiffs Joseph Messena and Marie Madeline Jocelyn complied with a condition precedent to bringing the action pursuant to Public Authorities Law § 1212 (5) (compare, McCormack v. Port Washington Union Free School Dist., 214 A.D.2d 546, with Bailey v. New York City Health Hosps. Corp., 191 A.D.2d 606, and Lo Guercio v. New York City Tr. Auth., 31 A.D.2d 759; see generally, Matter of Suffolk County Dept. of Social Servs. [Michael V.] v. James M., 83 N.Y.2d 178; Alvarez v. Prospect Hosp., 68 N.Y.2d 320).

O'Brien, J.P., Thompson, Santucci and McGinity, JJ., concur.


Summaries of

Messena v. Manhattan & Bronx Surface Transit Operating Authority

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1998
249 A.D.2d 280 (N.Y. App. Div. 1998)
Case details for

Messena v. Manhattan & Bronx Surface Transit Operating Authority

Case Details

Full title:JOSEPH MESSENA et al., Respondents, v. MANHATTAN BRONX SURFACE TRANSIT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 6, 1998

Citations

249 A.D.2d 280 (N.Y. App. Div. 1998)
670 N.Y.S.2d 358

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