City of New York v. New York City Transit Authority

Motions Nos. 39, 47, 71 and 185 of the March 21, 1967 calendar are consolidated here for the purpose of disposition.

Preliminarily, the motion by alleged taxpayers to intervene in the principal action here involved (Motion No. 185) is denied and the Corporation Counsel’s cross motion to dismiss the complaint in their separate taxpayers’ action is granted. The relief these taxpayers are seeking is, in effect, in the nature of mandamus, namely, to compel the appropriate officials of the City of New York to take all necessary action to turn over to the Transit Authority the $84.3 million involved…