Court rules NYC transit agency misled plaintiff
According to an appeals court, the New York City Transit Authority misled plaintiff Lori Jo Konner in her personal injury lawsuit. Namely, they made her believe that serving a notice of claim on an affiliated yet different entity would not have detrimental effects on her case when it would. Konner was injured on January 1, 2012 when the doors of a subway train on the F line at the Coney Island station in Brooklyn allegedly closed on her hand, causing her to fracture a bone.
Konner’s legal counsel served a notice of claim on Joseph Lhota, the former Metropolitan Transportation Authority chairman, within the 90-day window after the alleged injury to serve a timely notice on the municipal agency. The NYCTA, which manages bus and subway train operations within the city, is connected with the MTA and is also known as the MTA New York City Transit.
On Wednesday, October 12, a panel of the Appellate Division, Second Department ruled the NYCTA and the MTA are separate entities, citing cases in which the plaintiff lost after filing a lawsuit against the wrong entity. It further found the NYCTA “wrongfully or negligently engaged in conduct that misled the plaintiff to justifiably believe that service of the notice of claim upon the MTA was of no consequence, and lulled her into sleeping on her rights to her detriment.”
If you are hurt due to a personal injury accident that was caused by the negligence or recklessness of another party in the state of New York, our attorneys at Hach & Rose, LLP can represent you. Schedule an initial appointment with a qualified member of our legal team by calling our offices today at (212) 779-0057.