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(313052)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sat Apr 30 10:30:09 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by r17-6599 on Sat Apr 30 10:23:37 2016.

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As I've already said, the MTA is not ultimately responsible in a lawsuit. If you are injured by an NYCTA bus, and you sue only the "Metropolitan Transportation Authority," you will lose.

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(313058)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Joe V on Sat Apr 30 19:29:57 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sat Apr 30 10:30:09 2016.

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That's why we pay big bugs to our lawyers. They will figure out which entity to sue. The burden is not on us to notice the logo on the bus.

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(313059)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sat Apr 30 19:40:29 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Joe V on Sat Apr 30 19:29:57 2016.

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Speak for yourself.

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(313060)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Joe V on Sat Apr 30 19:49:38 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sat Apr 30 19:40:29 2016.

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Yeh well, nobody but bus fans notice those things.

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(313067)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Terrapin Station on Sat Apr 30 21:36:30 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Thu Apr 28 18:57:22 2016.

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own3d

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(313068)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Terrapin Station on Sat Apr 30 21:36:38 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by terRAPIN station on Thu Apr 28 14:19:27 2016.

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bump

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(313069)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Terrapin Station on Sat Apr 30 22:00:40 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by terRAPIN station on Thu Apr 28 14:20:00 2016.

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bump

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(313070)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Terrapin Station on Sat Apr 30 22:02:30 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Fri Apr 29 22:39:41 2016.

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Thank you!

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(313071)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Terrapin Station on Sat Apr 30 22:02:52 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Thu Apr 28 18:58:41 2016.

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bump

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(313072)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Terrapin Station on Sat Apr 30 22:03:21 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Fri Apr 29 11:04:20 2016.

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Yay!

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(313073)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Terrapin Station on Sat Apr 30 22:03:51 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by r17-6599 on Thu Apr 28 17:24:26 2016.

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You're completely wrong, as I told you. Why do you argue with Spider-Pig and I? When have we ever been wrong?

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(313076)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by northshore on Sat Apr 30 22:51:23 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by r17-6599 on Thu Apr 28 17:24:26 2016.

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As you have worked for many years at Chase, I sure you have inside to legal procedures.

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(313077)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sat Apr 30 23:04:31 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Joe V on Sat Apr 30 19:49:38 2016.

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But you just said lawyers do.

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(313079)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sat Apr 30 23:22:59 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Terrapin Station on Sat Apr 30 22:03:51 2016.

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and me.

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(313080)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sat Apr 30 23:24:07 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by northshore on Sat Apr 30 22:51:23 2016.

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That is total bullshit. How would his work at Chase leave him knowledgeable about lawsuits against MTA subsidiaries? Is he a lawyer?

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(313082)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by TerrApin Station on Sat Apr 30 23:56:58 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sat Apr 30 23:24:07 2016.

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LOL. FOR REALS.

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(313083)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by TerrApin Station on Sat Apr 30 23:58:33 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sat Apr 30 23:22:59 2016.

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Dammit.

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(313087)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by northshore on Sun May 1 00:29:12 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sat Apr 30 23:24:07 2016.

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I trust anyone that works for a bank. They have to be honest and above board.

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(313089)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sun May 1 00:37:10 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by northshore on Sun May 1 00:29:12 2016.

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OK Sure. But that doesn't mean they know about lawsuits against MTA subsidiaries. As I said, the examples of the bank and the Board of Ed are not analogous. A lawsuit against the MTA alone for an injury by a bus will only result in a successful motion to dismiss by the MTA lawyers.

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(313090)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Joe V on Sun May 1 07:31:46 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sat Apr 30 23:04:31 2016.

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Lawyers don't witness accidents, so they cannot notice bus logos.
What I said is lawyers figure out who to sue.

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(313091)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sun May 1 09:01:51 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Joe V on Sun May 1 07:31:46 2016.

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So how will we figure out whom to sue? I just assumed to sue everyone and then let the proper defendant come out in discovery. That is where there's ambiguity.

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(313093)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Joe V on Sun May 1 09:19:07 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sun May 1 09:01:51 2016.

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There's no ambiguity. They will find out which route, which bus, which driver, take it from there, and they'll do it without reading an Borough bus map.

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(313094)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sun May 1 10:07:27 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Joe V on Sun May 1 09:19:07 2016.

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That's not enough information to figure out whether to sue the TA, OA or the Bus Company.

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(313095)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sun May 1 10:09:15 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Joe V on Sun May 1 09:19:07 2016.

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And also, what if you don't know the driver, the plaintiff has only provided the number on their badge, or only the bus number. The appropriate agency would still be unknown until discovery.

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(313096)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Joe V on Sun May 1 11:05:12 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sun May 1 10:07:27 2016.

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It's more than enough. If you have the Q35 and B41 on the same street, and the driver stopped short, knocked a standee on their ass, or hit someone, no effort is involved in figuring out which one it was.

The logo on the bus has no legal validity, none.
Certificate lettering might, but MTA does not seem to have that.

If a passenger is injured on a NJ Route 9 bus, which is an Academy/NJT pool operation, getting the number of the bus or the time and location is more than sufficient.

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(313097)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Joe V on Sun May 1 11:07:15 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sun May 1 10:09:15 2016.

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The driver badge or the bus number can determine which agency. A page for a lawyer can access bus rosters with Google in a couple of minutes.

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(313099)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sun May 1 11:16:50 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Joe V on Sun May 1 11:05:12 2016.

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The M116 is run jointly by the TA and OA, as is my understanding. Even beyond that, I have no idea which are TA and which are OA routes. Historically is a different story, but that means nothing.

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(313100)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Joe V on Sun May 1 11:18:39 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sun May 1 11:16:50 2016.

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As I said yesterday, the lawyers will figure it out. The TA knows which bus is whose.

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(313102)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sun May 1 11:27:43 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Joe V on Sun May 1 11:07:15 2016.

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I wouldn't base a plaintiff's recovery on some unreliable info on some wiki.

The bus number and or badge number would be enough, but how would you make use of that information before filing the notice of claim? You wouldn't. The MTA won't release that information willingly.

And in any event, the discussion was about the fact that the MTA is not legally responsible as a proper defendant in a lawsuit for the actions of its subsidiaries. It appears you and I agree. Which is good because it means you are right. So why are we arguing?

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(313103)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sun May 1 11:29:54 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Joe V on Sun May 1 11:18:39 2016.

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I want the discussion of HOW we would figure it out.

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(313104)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Joe V on Sun May 1 11:31:12 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sun May 1 11:27:43 2016.

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Ambiguity on which MTA subsidiary to sue, and placing legal emphasis on the bus's logo.

The plaintiff's lawyer would crank a valid bus and employee roster from the MTA or TA's lawyer.

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(313105)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sun May 1 11:43:58 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Joe V on Sun May 1 11:31:12 2016.

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He'd have to sue them first. Hence where I said that one would sue all the possibilities and then have the correct plaintiff come out in discovery.

I don't know what you mean in your first sentence.

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(313106)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Joe V on Sun May 1 12:06:41 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sun May 1 11:29:54 2016.

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I don't know and we do not have to. Lawyers do that sorting out.

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(313107)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sun May 1 12:13:09 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Joe V on Sun May 1 12:06:41 2016.

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Speak for yourself.

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(313117)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by northshore on Sun May 1 15:44:58 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by r17-6599 on Sat Apr 30 10:23:37 2016.

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Both NYCTA and MaBSTOA buses use the generic "New York City Bus" lettering, and buses are shifted from one authority to the other often on a daily basis. Whom do you sue?

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(313123)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Sun May 1 17:05:27 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by northshore on Sun May 1 15:44:58 2016.

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Both until you find out otherwise.

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(313134)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by randyo on Sun May 1 18:40:27 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Joe V on Sun May 1 09:19:07 2016.

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What makes the TA/OA and possibly now the MTA Bus mixup even more ambiguous is that the printed operating schedules for both the TA and OA are labeled “New York City Transit Authority’ so even a lawyer checking in the schedule office for info might not easily be able to distinguish between the two agencies. In the case of the NYCTA/MABSTOA, since MABSTOA is a direct subsidiary of the NYCTA unlike the NYCTA relationship with the MTA suing the NYCTA for what happens on a MABSTOA bus would probably work. What the actual status of MTA Bus relative to the other MTA umbrella agencies is, I do not know. As soon as my friend whose wife is an NYCTA lawyer gets back to me, I should have some more accurate info.

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(313137)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by randyo on Sun May 1 18:54:13 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by northshore on Sun May 1 15:44:58 2016.

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AsI mentioned in another post on this topic, since MABSTOA is direct subsidiary of the NYCTA unlike MTA Bus, suing NYCTA would probably work.

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(313141)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by northshore on Sun May 1 19:01:38 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by randyo on Sun May 1 18:40:27 2016.

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Although NYCTA and MaBSTOA bus operations may be merged for operational purposes, they are legally separated authorities, just as SIRTOA is.

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(313142)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Terrapin Station on Sun May 1 19:37:25 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sun May 1 12:13:09 2016.

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LOL!

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(313144)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Terrapin Station on Sun May 1 19:40:20 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sun May 1 11:43:58 2016.

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Sounds good.

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(313145)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by pragmatist on Sun May 1 19:44:20 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by northshore on Sun May 1 19:01:38 2016.

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This stuff happens every day, and plenty of lawsuits come and go. Obviously the people who need to know have access to the information they need to proceed. Everyday, vehicles with different owners, operators and lessees/lessors get in accidents. Who owns a vehicle may not be who registers it, or who operates it. Think of cabs, leased cars, and rental vehicles. A few years back there was a problem in the car leasing business in NY because of cases involving vicarious liability attaching to owners of leased vehicles, even though they had nothing to do with the actual operation of the vehicle, in a state with "joint and several liability", the deep pockets can get emptied even if only a small portion of the liability is actually theirs. Interlocking and overlapping government agencies and authorities, and different restrictions may make suing government agencies a bit trickier, but based on how many get filed, settled, or litigated, it sure doesn't seem like the people who need to figure it out have a major problem doing it.

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(313151)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Terrapin Station on Sun May 1 19:51:33 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sun May 1 17:05:27 2016.

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WINNER!

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(313156)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by northshore on Sun May 1 20:38:49 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Terrapin Station on Sun May 1 19:51:33 2016.

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You are the only one who I would trust there opinion on this site.

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(313157)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Terrapin Station on Sun May 1 20:50:04 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by northshore on Sun May 1 20:38:49 2016.

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there opinion
Where?

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(313158)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by pragmatist on Sun May 1 21:14:32 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Terrapin Station on Sun May 1 20:50:04 2016.

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this is why things like ezpass tags have batteries, so they can be read at distance and speed as opposed to a proximity card chip (what we call a tap card)

Radio-frequency identification
Radio-frequency identification (RFID) uses electromagnetic fields to automatically identify and track tags attached to objects. The tags contain electronically stored information. Passive tags collect energy from a nearby RFID reader's interrogating radio waves. Active tags have a local power source such as a battery and may operate at hundreds of meters from the RFID reader.

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(313159)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by pragmatist on Sun May 1 22:37:52 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by pragmatist on Sun May 1 21:14:32 2016.

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I just dropped that information into the wrong spot....reposted where it belongs, sorry folks

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(313196)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by r17-6599 on Tue May 3 11:15:18 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by Spider-Pig on Sun May 1 09:01:51 2016.

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Like you said earlier: discovery. But that's not always a given as material is often times left out or not even asked for. There's also and more important than discovery, a bill of particulars. That will state, if done properly, where the accident took place, what time, day,etc. Deduction will lead to the route and ultimately the bus company involved. The news story may read "person hit by 'city bus' or 'on an MTA bus'" or some such scenario, but the court will decide which entity, if in fact that really matters. The average citizen doesn't know or care about that. All they know is its the MTA; that's who they want to get.
Like I said earlier, from the legal department of a major bank, it was the bank that was ultimatley responsible, did the reprimanding and final payouts.
When the new bus scheme goes into effect (soon) there will be only one agency presented to the public, the MTA (not sure if the rails figure into this). Their lawyers will act on behalf and work accordingly.

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(313198)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by Spider-Pig on Tue May 3 11:41:25 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by r17-6599 on Tue May 3 11:15:18 2016.

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The defendant transit agency will always ask for whatever information it knows would be useful in a potential motion to dismiss. Once it becomes clear who the proper defendant is, either the parties will stipulate to discontinue, or otherwise the parties will file a motion to dismiss.

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(313199)

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Re: Tap contactless payment card and NYCT/MTA Bus Merger

Posted by northshore on Tue May 3 12:38:49 2016, in response to Re: Tap contactless payment card and NYCT/MTA Bus Merger, posted by r17-6599 on Tue May 3 11:15:18 2016.

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Excellent summation

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