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AMALGAMATED TRANSIT UNION LOCAL 1181, AFL-CIO v. CITY OF NEW YORK

45 A.D.3d 790 (2007)

845 N.Y.S.2d 750

AMALGAMATED TRANSIT UNION LOCAL 1181, AFL-CIO et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and METROPOLITAN TRANSPORTATION AUTHORITY, Appellant. (Action No. 1.) LOCAL 100, TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO et al., Respondents, v. CITY OF NEW YORK et al., et al., Defendants, and METROPOLITAN TRANSPORTATION AUTHORITY, Appellant. (Action No. 2.)

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

Decided November 27, 2007.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Metropolitan Transportation Authority to dismiss the complaint insofar as asserted against it in action No. 2 is granted.

The plaintiffs have failed to state a cause of action against the defendant Metropolitan Transportation Authority (hereinafter the MTA) for specific performance of a contract dated August 8, 1975. Accordingly, the Supreme Court should...

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