STATHAKOS v. METROPOLITAN TR. AUTH. LONG IS. R.R.

2012-04730, Index No. 5198/11.

109 A.D.3d 979 (2013)

971 N.Y.S.2d 557

2013 NY Slip Op 5996

KIMON STATHAKOS, Individually and as Representative of All Others Similarly Situated, Appellant, v. METROPOLITAN TRANSIT AUTHORITY LONG ISLAND RAILROAD, Respondent.

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

Decided September 25, 2013.


In a putative class action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Farnetti, J.), dated April 13, 2012, which granted the defendant's motion pursuant to CPLR 3211 (a) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff alleged that his purchases of monthly commutation tickets on the defendant's railroad created a contractual obligation...

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