Tompkins Bus Corp. v. LaGuardia

This is a motion by the city of New York and the board of estimate and apportionment to dismiss the complaint for failure to state a cause of action.

The action is brought by Tompkins Bus Corporation to declare null and void a bus franchise awarded to the defendant De Camp Coach Corporation and to enjoin the operation of buses, pursuant to the franchise. A prior action, seeking to enjoin the granting of the franchise before its final adoption by the board of estimate and apportionment, was dismissed as premature, on the ground that the granting of a franchise was a legislative act and,…