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METRO. TRANSP. AUTH. v. CITY OF N. Y.

47 A.D.2d 10 (1975)

Metropolitan Transportation Authority, Plaintiff, v. City of New York, Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 27, 1975.

Attorney(s) appearing for the Case

Robert S. Rifkind of counsel (James C. Hansen and Stephen A. Oxman with him on the brief; Cravath, Swaine & Moore, attorneys), for plaintiff.

Alexander Gigante, Jr., of counsel (Gary Mailman and L. Kevin Sherdian with him on the brief; Adrian P. Burke, Corporation Counsel), for defendant.

MARKEWICH, J. P., MURPHY, CAPOZZOLI, LANE and NUNEZ, JJ., concur.

Per Curiam.

This is a submission of a controversy upon an agreed statement of facts pursuant to CPLR 3222.

Plaintiff, Metropolitan Transportation Authority, and defendant, the City of New York, seek a declaration, each in its favor, concerning the inclusion, in the total costs for the operation, maintenance and use of the passenger stations of the West End Service located within the City of New York (i.e., Grand Central and the 125th Street Station...

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