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Cancel v. Metropolitan Tr. Auth.

Relation-Back, Equitable Estoppel Doctrines Inapplicable in MTA Suit; Reargument Denied

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The following papers numbered 1 to _5__ Read on this motion, REARGUE Noticed on June 28, 2017 and duly submitted on the Motion Calendar of August 30, 2017:PAPERS NUMBEREDNotice of Motion-Exhibits and Affidavits Annexed 1,2Answering Affidavit and Exhibits (aff., cross-motion, exh) 3,4Replying Affidavit and Exhibits 5Affidavits and ExhibitsPleadings-ExhibitStipulation(s)-Referee’s Report-MinutesFiled PapersMemoranda of Law

*1 Upon the foregoing papers, the plaintiff Ivette Cancel (“Plaintiff”) moves for an order granting her leave to re-argue the motion by defendant Metropolitan Transportation Authority (“MTA”) for summary judgment dismissing the complaint, pursuant to CPLR 2221(d), and upon reargument, denying the motion, and granting Plaintiff’s cross-motion to amend the notice of claim and summons and complaint nunc pro tunc to include New York City Transit Authority (“NYCTA”) and MTA Bus Company (“MTA Bus”). A motion for leave to reargue pursuant to CPLR 2221 is addressed to the sound discretion of the court and may be granted only upon a showing ‘that the court overlooked or misapprehended the facts or law or for some reason mistakenly arrived at its earlier decision’…it is not designed to afford the unsuccessful party successive opportunities to reargue issues previously decided…or to present arguments different from those originally asserted” (William P. Pahl Equipment Corp. v. Kassis, 182 A.D.2d 22, 27 [1st Dept. 1992][internal citations omitted]; CPLR 2221[d]).

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