Franc v. Davidson

The plaintiff has brought this action to declare that the acts and proceedings of the city of New York in readjusting the water rates are void. The present motion in part is one to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice on the ground that it does not state facts sufficient to constitute a cause of action.

The city enacted a local law or ordinance on September 14, 1933, which fixed the rate complained of. There is no doubt that the board of aldermen has the power to regulate water rates. Sections 46 and 469 of the Greater New York Charter give such power.…