Legal Opinion

Nemser v. New York City Transit Authority

New York Supreme Court

Decided June 29, 1988PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

David B. Saxe, J.

The issue I am asked to decide is whether the Federal legal tender statute (31 USC § 5103) mandates the acceptance by the New York City Transit Authority (NYCTA) of legal tender dollar bills as bus fare.

The plaintiffs, two public-spirited bus riders in New York City, have brought this proceeding seeking a declaratory judgment that the policy of the NYCTA in refusing to accept dollar bills as bus fare violates Federal and State law. Expounding at great length on the historical basis of our Nation’s legal tender statutes, the plaintiffs have thoroughly…

2Cases cited4 opinions

  1. Nys Law Enforcement Employees v. CuomoNew York Court of Appeals · 1984
  2. Barker v. Central Park, North & East River RailroadNew York Court of Appeals · 1896
  3. Leeds v. Metropolitan Transportation AuthorityAppellate Terms of the Supreme Court of New York · 1983
  4. McKechnie v. New York City Transit Police DepartmentAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by3 opinions

  1. Reyes v. Brown (In re Reyes)District Court, D. Arizona · 2012
  2. Samuelsen v. WalderNew York Supreme Court · 2010
  3. Soling v. BradyCourt of Appeals for the First Circuit · 1993

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