Abrams v. New York City Transit Authority

Kupferman, J. (dissenting).

This is an article 78 proceeding to compel respondents to abate unnecessary subway noise and, among other things, avoid violation of the city’s Noise Control Code (Administrative Code of City of New York, § 1403.3-1.01 et seq.).

The interest of the city and its inhabitants in a decent environment cannot be gainsaid. (See concurring opinion in New York Tel. Co. v New York City Tr. Administration, 44 AD2d 784, 785.) Nonetheless, the petition was dismissed for lack of standing. We most recently sustained standing in Wein v City of New York (47 AD2d 367), and the Court…