Legal Question in Civil Litigation in New York

NYC MTA Negligence

On Oct 24, 2005 at 3:45 p.m. my 13-year-old son left Xaverian High School in Bay Ridge, Brooklyn. He had misplaced his Metrocard. He approached the token clerk whose badge number was 1119 at booth number 321 on the 59th Street N and R line train station in Brooklyn. He explained to the woman that he was unable to find his MetroCard. She refused entry into the subway system. It was at this point he called me. He explained what was happening I requested that he go and ask her again. He did so she again refused. I told him to tell her that you want a police officer. She told him if that�s what you want go up in the street and find one. At this time my sons phone dies and I had no way of knowing what was happening. Several moments later I received a call from my son from a phone in a local market near the subway station. The man in the store noticed how distressed my son was gave him $2 to get on the subway and allowed him to use the store�s phone to call me.

As a direct result of this incident my son left Xaverian High School and relinquished a $10,000 scholarship. I personally incurred numerous expenses in transferring him as well as the loss of the scholarship.


Asked on 11/08/05, 11:38 am

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

How does the toll have anything to do with the scholarship?

Either you left out a big part of the story, or no one else will understand either.

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Answered on 11/08/05, 1:06 pm
Peter Moulinos Moulinos & Associates LLC

Re: NYC MTA Negligence

That must have been very distressing for you and your son and I can relate to the story. However, I don't see the correlation between the incident and your son losing the scholarship. Can you please provide additional facts.

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Answered on 11/08/05, 1:26 pm


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