In the Matter of Robert Abrams, Individually and as Borough President of the Bronx and Member of the Board of Estimate, et al., Appellants,
v.
New York City Transit Authority et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 15, 1975
May 15, 1975
Attorney(s) appearing for the Case
Marcia J. Cleveland of counsel (David Schoenbrod, Lesley Bader, Barbara Jenkins, Jon Mirowitz and Marcia Tompkins with her on the brief), for appellants.
James P. McMahon of counsel (Helen R. Cassidy with him on the brief; John G. de Roos and Robert R. Prince, attorneys), for respondents.
STEVENS, P. J., MARKEWICH and CAPOZZOLI, JJ., concur with LUPIANO, J.; KUPFERMAN, J., dissents in an opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
LUPIANO, J.
As aptly observed by Special Term (78 Misc.2d 938, 939-940, MARKOWITZ, J.): "The stated purpose of this article 78 proceeding is to compel respondents to comply with the laws controlling noise in the New York City subways. Toward that end, petitioners, as individuals and in various official and representative capacities seek an order directing the New York City...
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