Javeline v. Long Island Railroad

OPINION OF THE COURT

William D. Friedmann, J.

This small claims action was tried in a regular part of the court following waiver by defendant of a demand for trial by jury (CCA, § 1806). Plaintiff sued for “failure to provide services” relying on defective or inoperative air-conditioning service in defendant’s train cars.

The substance of plaintiff’s claim, presented through his testimony, exhibits and memoranda was that on nine separate occasions, during the hot summer of 1980, he was a passenger aboard defendant’s New York (Penn Station) to Baldwin and Baldwin to New York trains, running on…