On January 16, 2019 a
Order
was filed
involving a dispute between
Mercedes Medina Ruiz,
and
Metropolitan Transportation Authority,
New York City Department Of Transportation,
New York City Transit Authority,
The City Of New York,
for Torts - Other (Municipal Liability)
in the District Court of New York County.
Preview
(FILED: NEW YORK COUNTY CLERK 1171572019 09:34 AM INDEX NO. 150444/2019
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/15/2019
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. LISA ANN SOKOLOFF PART IAS MOTION 21EFM
Justice
X INDEX NO. 150444/2019
MERCEDES MEDINA RUIZ,
MOTION DATE 08/06/2019
Plaintiff,
MOTION SEQ. NO. 001
-V-
NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY, THE
CITY OF NEW YORK, NEW YORK CITY DEPARTMENT DECISION + ORDER ON
OF TRANSPORTATION MOTION
Defendant.
X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19
were read on this motion to/for DISMISSAL
In this motion for dismissal pursuant to CPLR 3211(a)(7), defendant CITY OF NEW
YORK DEPARTMENT OF TRANSPORTATION [DOT] argues that it is a department of the
CITY OF NEW YORK not a separate legal entity subject to suit under the New York City
Charter § 396. Funt v. HRA, 68 AD3d 490 [1 Dept. 2009].
Upon the foregoing documents, it is
ORDERED that the motion for summary judgment of defendant CITY OF NEW YORK
DEPARTMENT OF TRANSPORTATION [DOT] is granted without opposition and all claims
and cross-claims are dismissed against it; and it is further
ORDERED that defendant DOT is hereby removed from the caption of the action; it is
further
ORDERED that counsel for the DOT shall serve a copy of this order with notice of entry
upon the County Clerk (60 Centre Street, Room 141B) and the Clerk of the General Clerk’s
150444/2019
Motion No. 001
MEDINA RUIZ, MERCEDES vs. NEW YORK CITY TRANSIT Page 1 of 2
1 of 2
INDEX NO. 150444/2019
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/15/2019
Office (60 Centre Street, Room 119), who are directed to mark the court’s records to reflect the
dismissal of defendant DOT from the action and its removal from the caption; and it is further
ORDERED that such service upon the County Clerk and the Clerk of the General Clerk’s
Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse
and County Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page
on the court’s website at the address [www.nycourts.gov/supctmanh]); it is further
ORDERED that the Clerk of the Court shall enter judgment in favor of defendant
DOT dismissing the claims and cross-claims made against it in this action, without any costs and
disbursements.
10/3/2019
DATE ISA ;OKOLO) 1 S.C.
CHECK ONE: CASE DISPOSED yon ISPOSITI
GRANTED DENIED ANTED IN P, OTHER
APPLICATION: SETTLE ORDER ‘SUBI DER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
150444/2019 MEDINA RUIZ, MERCEDES vs. NEW YORK CITY TRANSIT
Page
2 of 2
Motion No. 001
2 of 2
Document Filed Date
November 15, 2019
Case Filing Date
January 16, 2019
Category
Torts - Other (Municipal Liability)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
(FILED: NEW YORK COUNTY CLERK 1171572019 09:34 AM INDEX NO. 150444/2019 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/15/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LISA ANN SOKOLOFF PART IAS MOTION 21EFM Justice X INDEX NO. 150444/2019 MERCEDES MEDINA RUIZ, MOTION DATE 08/06/2019 Plaintiff, MOTION SEQ. NO. 001 -V- NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT DECISION + ORDER ON OF TRANSPORTATION MOTION Defendant. X The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 were read on this motion to/for DISMISSAL In this motion for dismissal pursuant to CPLR 3211(a)(7), defendant CITY OF NEW YORK DEPARTMENT OF TRANSPORTATION [DOT] argues that it is a department of the CITY OF NEW YORK not a separate legal entity subject to suit under the New York City Charter § 396. Funt v. HRA, 68 AD3d 490 [1 Dept. 2009]. Upon the foregoing documents, it is ORDERED that the motion for summary judgment of defendant CITY OF NEW YORK DEPARTMENT OF TRANSPORTATION [DOT] is granted without opposition and all claims and cross-claims are dismissed against it; and it is further ORDERED that defendant DOT is hereby removed from the caption of the action; it is further ORDERED that counsel for the DOT shall serve a copy of this order with notice of entry upon the County Clerk (60 Centre Street, Room 141B) and the Clerk of the General Clerk’s 150444/2019 Motion No. 001 MEDINA RUIZ, MERCEDES vs. NEW YORK CITY TRANSIT Page 1 of 2 1 of 2 INDEX NO. 150444/2019 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/15/2019 Office (60 Centre Street, Room 119), who are directed to mark the court’s records to reflect the dismissal of defendant DOT from the action and its removal from the caption; and it is further ORDERED that such service upon the County Clerk and the Clerk of the General Clerk’s Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the court’s website at the address [www.nycourts.gov/supctmanh]); it is further ORDERED that the Clerk of the Court shall enter judgment in favor of defendant DOT dismissing the claims and cross-claims made against it in this action, without any costs and disbursements. 10/3/2019 DATE ISA ;OKOLO) 1 S.C. CHECK ONE: CASE DISPOSED yon ISPOSITI GRANTED DENIED ANTED IN P, OTHER APPLICATION: SETTLE ORDER ‘SUBI DER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 150444/2019 MEDINA RUIZ, MERCEDES vs. NEW YORK CITY TRANSIT Page 2 of 2 Motion No. 001 2 of 2