Morrell v. . Brooklyn Borough Gas Co. No. 2
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 7, 1921, which affirmed an order of Special Term granting a motion by the city of New York for leave to intervene as a party plaintiff.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 7, 1921, which affirmed an order of Special Term granting a motion by the city of New York for leave to intervene as a party plaintiff. The following questions were certified: “ 1. Had the city of New York any interest in this cause of action? “ 2. Is the city of New York a proper party so that the court at Special Term had power to grant its application to be joined as a party plaintiff herein? ” Certified question No. 1 should be answered in the negative.…
1Opinion of the CourtCrane, J.
The nature of this action is stated in Morrell v. Brooklyn Borough Gas Company, No. 1. The plaintiff, as a resident of the thirty-first ward of the borough of Brooklyn, New York city, seeks to enjoin the defendant from collecting for gas the rate fixed by the public service commission. No contract with the city of New York is involved; it is solely a question of the price which a private consumer must pay. Under section 452 of the Code of Civil Procedure the city of New York has been permitted to intervene as a party plaintiff. That section provides that where a person, not a party to the…
2Cases cited3 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- City of New York v. Consolidated Gas Co. of NYSupreme Court of the United States · 1920
- Matter of International Ry. Co. v. . RannNew York Court of Appeals · 1918
3Cited by12 opinions
- MATTER OF UNITED PRESS ASSNS. v. ValenteNew York Court of Appeals · 1954
- County of Bergen v. Port of New York AuthoritySupreme Court of New Jersey · 1960
- United Baking Co. v. Bakery & Confectionery Workers' Union, Local 221Appellate Division of the Supreme Court of the State of New York · 1939
- City of New York v. Citizens Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Blaikie v. WagnerNew York Supreme Court · 1965
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