Stathakos v. Metropolitan Transit Authority Long Island Railroad

In a putative class action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Farnetti, J.), dated April 13, 2012, which granted the defendant’s motion pursuant to CELR 3211 (a) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff alleged that his purchases of monthly commutation tickets on the defendant’s railroad created a contractual obligation on the part of the defendant to provide train service and that he and others similarly situated were entitled to “some sort of refund or…