City of New York v. Citizens Water Supply Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 20th day of September, 1921, upon the dismissal of the complaint on a motion for judgment on the pleadings, and also from the order, entered in said clerk’s office on the 9th day of September, 1921, granting defendant’s motion for judgment on the pleadings, and also from an order, entered in said…
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Appeal by the plaintiff, The City of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 20th day of September, 1921, upon the dismissal of the complaint on a motion for judgment on the pleadings, and also from the order, entered in said clerk’s office on the 9th day of September, 1921, granting defendant’s motion for judgment on the pleadings, and also from an order, entered in said clerk’s office on the same day, denying plaintiff’s motion for an injunction pendente lite.
1Opinion of the Court
Blackmar, P. J.:
I think the judgment and orders should be affirmed, for the following reasons:
First. The question in this case does not involve a contract to supply the city with water, such as is authorized by section 81 of the Transportation Corporations Law. It concerns only the rate made to private users. In this the city has no legal interest. (Morrell v. Brooklyn Borough Gas Co., No. 2, 231 N. Y. 405.) The city is not the guardian of the interests of the citizens in disputes, whether with other citizens or public service corporations. This is certainly so in the absence of any law…
2Cases cited3 opinions
- Interstate Commerce Commission v. Cincinnati, New Orleans & Texas Pacific Railway Co.Supreme Court of the United States · 1897
- McEntee v. . Kingston Water Co.New York Court of Appeals · 1900
- Morrell v. . Brooklyn Borough Gas Co. No. 2New York Court of Appeals · 1921
3Cited by9 opinions
- City of New York v. MaltbieAppellate Division of the Supreme Court of the State of New York · 1936
- City of New York v. MaltbieNew York Supreme Court · 1936
- City of New York v. Citizens Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1921
- City of New York v. Queens County Water Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Jamaica Water Supply Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1938
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