Leeds v. Metropolitan Transportation Authority

OPINION OF THE COURT

Harold Tompkins, J.

On this motion to dismiss the complaint is raised an issue apparently unresolved to date by any trial court in the City of New York or any appellate court of this State. Are the Metropolitan Transportation Authority (hereinafter MTA) and the New York City Transit Authority (hereinafter TA) required to pay refunds, equal to token expenditures, to a passenger for alleged late service and for unsanitary conditions on the routes he travels?

The relief requested by plaintiff on a contractual theory in this action must be denied for the reasons set forth herein.