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TRANSPORTATION UNLIMITED CAR SERVICE, INC. v. NEW YORK CITY TAXI AND LIMOUSINE COMMISSION

11 A.D.3d 384 (2004)

784 N.Y.S.2d 41

TRANSPORTATION UNLIMITED CAR SERVICE, INC., et al., Appellants, v. NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, Respondent.

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

October 26, 2004.

The wheelchair accessibility rule creates an obligation to pay money, but does not constitute an infringement of a protected property interest for purposes of the Takings Clause of the Fifth Amendment (Commonwealth Edison Co. v United States, 271 F.3d 1327 [Fed Cir 2001], cert denied 535 U.S. 1096 [2002]). Plaintiffs retain the ability to continue to operate and have beneficial economic...

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