Metropolitan Transportation Authority v. City of New York

New York Court of Appeals

Metropolitan Transportation Authority v. City of New York

257 N.E.2d 898, 26 N.Y.2d 817, 309 N.Y.S.2d 352, 1970 N.Y. LEXIS 1541

CourtNew York Court of Appeals

DecidedFebruary 19, 1970

StatusPublished

Cited by4 cases

This text of 257 N.E.2d 898 (Metropolitan Transportation Authority v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Metropolitan Transportation Authority v. City of New York, 257 N.E.2d 898, 26 N.Y.2d 817, 309 N.Y.S.2d 352, 1970 N.Y. LEXIS 1541 (N.Y. 1970).

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Opinion

Memorandum. Subdivision (c) of paragraph (2) of the Appellate Division order should be modified by providing that the costs incurred at Jamaica Station in the sale of tickets by mail and the costs incurred in the operation of the system-wide lost and found offices at Pennsylvania Station and Jamaica Station be apportioned among all the stations, since they are for the benefit of all passengers. Paragraph (5) of said order should be modified by providing that, in the determination of the “ total cost ” of the “ operation, maintenance and use ” of pas[820]*820senger stations, the revenues realized from concessions and rentals and the revenues from redcap tariffs shall not be deducted from the over-all costs of station operation, maintenance and use, as section 1277 of the Public Authorities Law specifically provides for certification of “ total ” costs. As so modified, the order should be affirmed, without costs.

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur.

Order modified in accordance with the memorandum herein, and, as so modified, affirmed, without costs.

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Memorandum. Subdivision (c) of paragraph (2) of the Appellate Division order should be modified by providing that the costs incurred at Jamaica Station in the sale of tickets by mail and the costs incurred in the operation of the system-wide lost and found offices at Pennsylvania Station and Jamaica Station be apportioned among all the stations, since they are for the benefit of all passengers. Paragraph (5) of said order should be modified by providing that, in the determination of the “ total cost ” of the “ operation, maintenance and use ” of pas[820]*820senger stations, the revenues realized from concessions and rentals and the revenues from redcap tariffs shall not be deducted from the over-all costs of station operation, maintenance and use, as section 1277 of the Public Authorities Law specifically provides for certification of “ total ” costs. As so modified, the order should be affirmed, without costs.

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur.

Order modified in accordance with the memorandum herein, and, as so modified, affirmed, without costs.

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Bluebook (online)

257 N.E.2d 898, 26 N.Y.2d 817, 309 N.Y.S.2d 352, 1970 N.Y. LEXIS 1541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-transportation-authority-v-city-of-new-york-ny-1970.

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