Tocci v. Mayor
New York Supreme Court
Appeal from special term, New York county. Action by Felice Tocci to restrain the mayor, aldermen, and commonalty of the city of New York, and Theodore W. Myers, as comptroller of said city, from paying certain moneys to the New York & Harlem Railroad Company and the New York Central & Hudson River Railroad Company, under Laws 1892, c. 339. From an order denying a motion for an injunction pendente lite, plaintiff appeals.
1Opinion of the CourtVan Brunt, P. J.
This action is brought by a taxpayer to restrain the city officials from paying to the railroad companies, defendants, certain moneys, under the provisions of chapter 339 of the Laws of 1892, upon the ground that it imposes upon the city a contribution to the private railroad structure belonging to the defendant railroad companies, and is therefore unconstitutional Upon the application for an injunction pendente lite, affidavits were submitted upon both sides, and certain material facts controverted in those affidavits. In cases of this description, it is much better practice, where the right…
2Cited by7 opinions
- Admiral Realty Co. v. . City of New YorkNew York Court of Appeals · 1912
- Sun Printing & Publishing Ass'n v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Boston & Albany RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Taylor v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Barrington v. CokinosCourt of Appeals of Texas · 1959
2 more not listed; retrieve them via the Exa API.