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CTR FOR INDEPENDENCE v. METRO

153765/17.

184 A.D.3d 197 (2020)

125 N.Y.S.3d 697

2020 NY Slip Op 03203

CENTER FOR INDEPENDENCE OF THE DISABLED et al., Respondents, v. METROPOLITAN TRANSPORTATION AUTHORITY, a Public Benefit Corporation, et al., Appellants.

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

Decided June 4, 2020.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City ( Allan Arffa , Gregory F. Laufer and Joseph P. Kolatch of counsel), for Metropolitan Transportation Authority and others, appellants.

James E. Johnson , Corporation Counsel, New York City ( Jeremy W. Shweder , Richard Dearing and Devin Slack of counsel), for City of New York, appellant.

Disability Rights Advocates, New York City ( Michelle Caiola , Torie Atkinson and Emily Seelenfreund of counsel), and Sheppard Mullin Richter & Hampton, LLP, New York City ( Daniel Brown of counsel), for respondents.

Dentons US LLP, New York City ( Sandra D. Hauser , Levon Golendukhin and Noel Y. Lee of counsel), and New York Lawyers for the Public Interest, New York City ( Ruth Lowenkron and Christopher Schuyler of counsel), for amici curiae.

ACOSTA, P.J., MANZANET-DANIELS and KAPNICK, JJ. concur.

OPINION OF THE COURT

Plaintiffs bring this putative class action under the New York City Human Rights Law (NYCHRL) challenging, as discriminatory, the New York City subway system's lack of accessibility to persons with certain disabilities. Plaintiffs consist of six nonprofit disability rights organizations and three

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