Bogart v. Walker

This court has held that the operation of buses upon the city streets, without the grant of a franchise by the board of estimate and apportionment and without the issuance by the board of transportation of a certificate of convenience and necessity, is illegal. (Brooklyn City Railroad Co. v. Whalen, 191 App. Div. 737; Huff v. City of New York, 202 id. 425.) The views expressed by this court were followed by the Appellate Division in the First Department in Kingsbridge Railway Co. v. City of New York (204 App. Div. 369, per Dowling, J. [now P. J.].) It was also held in these cases that an…