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RAYNES v. N. Y. C. TR. AUTH.

63 Misc.2d 598 (1970)

Alexander Raynes, Individually and on Behalf of All Others Similarly Situated, Petitioner, v. New York City Transit Authority, Respondent.

Supreme Court, Special Term, Kings County.

July 24, 1970

Attorney(s) appearing for the Case

Rolnick, Tabak, Ezratty & Huttner (Richard D. Huttner of counsel), for petitioner. Sidney Brandes, Helen R. Cassidy, Edwin G. F. Kelly and James P. McMahon for respondent.

LOUIS B. HELLER, J.

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...

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