Raynes v. New York City Transit Authority

This is an article 78 proceeding wherein petitioner, on behalf of himself and all other commuters similarly situated, seeks a judgment requiring the respondent New York City Transit Authority to construct an escalator at the Brighton Beach BMT elevated station. Respondent cross-moves to dismiss the petition.

The petitioner, a 74-year-old retiree resident of the Brighton Beach community in Brooklyn, claims that the BMT elevated station is more than 5 stories high, and that he and many others in the area dependent on the station, which contains an inordinate proportion of elderly people (35%),…