GOLDSTEIN v. METRO-N. COMMUTER R.R. CO.


155 Misc.2d 1 (1993)

Alvin Goldstein, Respondent, v. Metro-North Commuter Railroad Company et al., Appellants.

Supreme Court, Appellate Term, First Department.

January 14, 1993


Attorney(s) appearing for the Case

Brody & Fabiani, New York City (Ellen S. Davis and Roger K. Solymosy of counsel), for appellants. Berman, Paley, Goldstein & Kannry, New York City (David R. Paley of counsel), for respondent.

PARNESS, J. P., MILLER and McCOOE, JJ., concur.


Per Curiam.

Order entered August 13, 1991 reversed, with $10 costs, defendants' motion for summary judgment is granted and the complaint dismissed.

The plaintiff's admitted refusal to pay the one-way fare or leave the commuter train — conduct which resulted in a delay of approximately 25 minutes to the other passengers — provided a lawful basis to arrest plaintiff for disorderly conduct (see,...

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