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LEEDS v. METRO. TRANSP.

114 Misc.2d 797 (1982)

Oliver Leeds, Plaintiff, v. Metropolitan Transportation Authority et al., Defendants.

Civil Court of the City of New York, New York County, Special Term.

July 9, 1982

Attorney(s) appearing for the Case

Richard K. Bernard, James P. McMahon and Walter J. McCarroll for defendants. Le Boeuf, Lamb, Leiby & MacRae (Thomas G. Rohback of counsel), for plaintiff.

HAROLD TOMPKINS, J.

On this motion to dismiss the complaint is raised an issue apparently unresolved to date by any trial court in the City of New York or any appellate court of this State. Are the Metropolitan Transportation Authority (hereinafter MTA) and the New York City Transit Authority (hereinafter TA) required to pay refunds, equal to token expenditures, to a passenger for alleged late service and for unsanitary conditions on the routes he travels...

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