New York Lawyers for the Public Interest and Morvillo Abramowitz Grand Iason & Anello P.C. Secure Major Ruling against the MTA in Lawsuit Challenging Dangerous Subway Gaps
February 5, 2026
In a significant victory for individuals with disabilities, the Supreme Court of the State of New York, New York County, denied the Metropolitan Transportation Authority’s (MTA) motion for summary judgment, allowing a lawsuit challenging dangerous platform gaps in the New York City subway system to move forward. Goldenberg v. Metropolitan Transportation Authority, Index No. 159096/2022 (Jan. 27, 2026). New York Lawyers for the Public Interest (NYLPI), together with Morvillo Abramowitz Grand Iason & Anello, P.C., which is providing its services on a pro bono basis, represent three individuals with disabilities in a putative class action against the MTA, the New York City Transit Authority, and the City of New York. The class action asserts that the failure to fix the gaps is a violation of the New York City Human Rights Law because it denies people with disabilities equal access to the subway. Morvillo Abramowitz Grand Iason & Anello P.C. associate Alex Peacocke argued the motion for the plaintiffs.
In the decision, Justice Richard Tsai solidly rejected the MTA’s claim that the case is barred by a prior settlement that provided stair-free subway access for people with disabilities. Had the court accepted the MTA’s argument, it is possible that nearly all future claims governing the structural accessibility of subway stations could have been barred. The court rejected this interpretation and held that claims concerning hazardous gaps between subway platforms and trains are fundamentally different from prior litigation focused on stairs and elevators.
The ruling makes clear that accessibility is not a “one-size-fits-all” concept, and even if someone can reach the subway platform, the subway can still be considered inaccessible – and dangerous – if an individual cannot safely board the train. The ruling clears the way for the case to proceed toward resolution on the merits. Plaintiffs in the putative class action lawsuit are seeking injunctive relief requiring remediation of all gaps throughout the subway system.
The Parties will appear before Judge Tsai for a status conference on February 17, 2026.
The NYLPI team included Brian FitzPatrick, Christopher Schuyler and Ruth Lowenkron.
The Morvillo Abramowitz Grand Iason & Anello P.C. team included partners Robert J. Anello and Karen R. King, and associates Alex Peacocke and Emily Smit.
A copy of the Court’s opinion can be found here.
A copy of Plaintiffs’ brief in opposition to the motion for summary judgment can be found here.