City of New York v. New Jersey & Staten Island Ferry Co.
New York Supreme Court
Motion for an injunction.
1Opinion of the CourtKapper, J.
Tbe power to establish and permit tbe operation of all ferries using any part of tbe waterfront of tbe city of New York, as constituted by tbe creation of tbe greater city (Hreater N. Y. Charter, § 83), must be held to be exclusively vested in tbe city. This exclusive right impliedly repeals, so far as concerns tbe territorial water rights of tbe city, tbe provision of section 270 of the Highway Law, which empowers county courts and city courts to grant licenses for “ keeping ferries ” in tbe respective counties and cities for limited terms of not exceeding five years. No one has tbe right to…
2Cases cited1 opinion
- Mayor, Etc., of N.Y. v. . StarinNew York Court of Appeals · 1887
3Cited by3 opinions
- Brooklyn & Richmond Ferry Co. v. United StatesCourt of Appeals for the Second Circuit · 1948
- Murray v. City of New YorkNew York Supreme Court · 1937
- Seideman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942