New York Court of Appeals

In the Matter of Robert Abrams

July 8, 197639 N.Y.2d 990

Summary

The New York Court of Appeals affirmed the Appellate Division's dismissal of the petition, holding that the plaintiffs lacked standing to sue over alleged subway noise violations because no specific illegal act existed and courts should not substitute for the discretionary management of public enterprises. Justice Cooke dissented, arguing that the petitioners did have standing and that the first five causes of action should be allowed to proceed.