Margolis v. New York City Transit Authority

In Margolis v. New York City Transit Authority (157 AD2d 238, 241-242, 555 N.Y.S.2d 711 [1st Dept 1990]), the Court, while finding that NYCTA was undoubtedly "not a division of the State," and a "separate entity" from the City of New York, nevertheless found that CSL 115 applied to NYCTA employees via PAL 1210 (2). Thus, petitioner herein may rely on the statutory promise of equal pay for equal work. This being the case, there is no need to discuss petitioner's equal protection arguments. Under CSL 115, SS1 employees are entitled to the same pay as SS2 employees if they perform the same work. However, there is a factual dispute as to whether SS1 employees perform the same duties as SS2 employees which cannot be resolved at this time. A hearing pursuant to CPLR 7804 (h) is appropriate in this circumstance. See e.g. Margolis v. New York City Transit Authority, 157 AD2d 238, 555 N.Y.S.2d 711, supra.