Legal Opinion

City of New York v. Maltbie

New York Supreme Court

Decided April 28, 1936PublishedCited by 1 opinion

1Opinion of the CourtBergan, J.

The city of New York seeks in this action a declaratory judgment against the defendants adjudicating that the Public Service Commission is without jurisdiction to fix, investigate or regulate rates for hydrant service rendered to the city by the defendant Jamaica Water Supply Company, and declaring null and void an order heretofore made by the Public Service Commission fixing and establishing such hydrant rate. Further relief is sought by a judgment enjoining the defendants from enforcing the rate fixed by the Commission.

The defendants move to dismiss the complaint under rule 106 of the Rules…

2Cases cited6 opinions

  1. Interstate Commerce Commission v. Cincinnati, New Orleans & Texas Pacific Railway Co.Supreme Court of the United States · 1897
  2. Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
  3. People Ex Rel. N.Y., Etc., R.R. Co. v. . WillcoxNew York Court of Appeals · 1911
  4. City of New York v. Citizens Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1921
  5. City of New York v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1921

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3Cited by1 opinion

  1. Long Island Lighting Co. v. MaltbieNew York Supreme Court · 1941

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