Legal Opinion

In re City of New York

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1926Published

1Opinion of the CourtMerrell, J.

At the point in question the Bronx river valley is substantially 2,000 feet wide, and the proposed bridge is really a viaduct, which, under existing conditions, is the only means of carrying East Two Hundred and Thirty-eighth street across said valley. * This matter has been twice previously before this court, and twice, upon successive appeals, to the Court of Appeals. The Public Service Commission, First District, the predecessor of the Transit Commission, in the first instance determined, under section 90 of the Railroad Law, that East Two Hundred and Thirty-eighth street should cross…

2Cases cited4 opinions

  1. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918
  2. Matter of City of New YorkNew York Court of Appeals · 1918
  3. McAneny v. New York Central RailroadNew York Court of Appeals · 1924
  4. McAneny v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1923

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