Legal Opinion

Yonkers Railroad v. City of Yonkers

New York Supreme Court

Decided September 11, 1926PublishedCited by 1 opinion

1Opinion of the CourtTaylor, J.

This is a motion for an injunction pendente lite restraining the defendants from awarding certain franchises or consents for the operation of motor-bus routes in Yonkers. The plaintiff sues as a taxpayer to prevent the consummation by the defendants of a proposed official act alleged to be illegal, wasteful and injurious to the property and funds of the municipality (Gen. Mun. Law, § 51), and also in its capacity as a party alleged to be aggrieved by the prospect of certain proposed and threatened competition, which, being illegal, according to the plaintiff, would in effect be a continuing…

2Cases cited12 opinions

  1. Home Ins. Co. v. MorseSupreme Court of the United States · 1874
  2. National Contracting Co. v. Hudson River Water Power Co.New York Court of Appeals · 1908
  3. Beekman v. . Third Avenue R.R. Co.New York Court of Appeals · 1897
  4. Gage v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
  5. Grace v. ForbesNew York Supreme Court · 1909

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3Cited by1 opinion

  1. Yonkers Railroad v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1926

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