Henderson v Manhattan & Bronx Surface Tr. Operating Auth.
2011 NY Slip Op 03890 [16 NY3d 886]
May 10, 2011
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 22, 2011


[*1]
Joyce Henderson, Respondent,
v
Manhattan and Bronx Surface Transit Operating Authority et al., Appellants, et al., Defendants.

Decided May 10, 2011

Henderson v Manhattan & Bronx Surface Tr. Operating Auth., 74 AD3d 654, affirmed.

APPEARANCES OF COUNSEL

Office of Wallace D. Gossett, Brooklyn (Lawrence Heisler of counsel), for appellants.

Lipsig Shapey Manus & Moverman, P.C., New York City (Jillian Rosen of counsel), and Pollack, Pollack, Isaac & DeCicco, LLP, New York City (Brian J. Isaac of counsel), for respondent.

{**16 NY3d at 887} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and the certified question answered in the affirmative. Appellants failed to comply with the conditional or{**16 NY3d at 888}der. Therefore, the courts below did not err in striking appellants' answer.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.