Legal Opinion

Waldorf-Astoria Hotel Co. v. City of New York

New York Court of Appeals

Decided June 9, 1914PublishedCited by 26 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1914, which affirmed an order of Special Term denying a motion to continue pendente lite a preliminary injunction restraining defendants from enforcing the provisions of the public hack ordinance of the city of New York.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1914, which affirmed an order of Special Term denying a motion to continue pendente lite a preliminary injunction restraining defendants from enforcing the provisions of the public hack ordinance of the city of New York. The order granting permission to appeal certifies the following questions of law to this court: “I. May public hack stands, as defined in the public hack ordinance, adopted by the board of aldermen of the city of New York, and approved by…

1Opinion of the Court

Willard Bartlett, Ch. J.

This is an action to procure an adjudication that the public hack ordinance approved by the mayor of the city of New York on June 2nd, 1913, is unconstitutional and void, and to enjoin the defendants from enforcing the provisions of such ordinance and from interfering with the rights and privileges previously granted to the plaintiff under prior ordinances of the city of New York relating to the same subject-matter.

In cases of this character, where the appeal is from an interlocutory order by virtue of an allowance by the Appellate Division, the appeal brings up for…

2Cases cited8 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Kentucky Railroad Tax CasesSupreme Court of the United States · 1885
  3. Donovan v. Pennsylvania Co.Supreme Court of the United States · 1905
  4. Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
  5. Drake v. Hudson River RailroadNew York Supreme Court · 1849

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3Cited by26 opinions

  1. State v. MuoloSupreme Court of Connecticut · 1935
  2. Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1937
  3. Long's Baggage Transfer Co. v. BurfordSupreme Court of Virginia · 1926
  4. Cities Service Oil Co. v. City of New YorkNew York Court of Appeals · 1958
  5. People v. GalenaCalifornia Court of Appeal · 1937

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