In re City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the Long Island Railroad Company from a determination of the Transit Commission of the State of New York, made pursuant to section 90 of the Railroad Law and dated the 20th day of December, 1921, prescribing the method that the appellant shall use in carrying a new street across its tracks. The opinion of the Transit Commission is reported in Matter of City of New York (27 State Dept. Rep. 137).
1Opinion of the Court
Kelby, J.:
On February 25, 1921, the board of estimate and apportionment of the city of New York adopted a resolution, which was approved by the mayor of the city on March 9, 1921, changing the map or plan of the city by establishing lines and grades for Park Lane South, a new street, across the Long Island railroad’s right of way. On the same day, by a separate resolution, the board of estimate and apportionment determined that public necessity required that said new Street be carried across the railroad’s right of way, and requested the Public Service Commission for the First District to…
2Cases cited1 opinion
- Lehigh Valley R.R. Co. v. . Canal BoardNew York Court of Appeals · 1912
3Cited by5 opinions
- City of New York v. New York Central RailroadNew York Supreme Court · 1944
- In re HennerNew York Supreme Court · 1925
- City of Mount Vernon v. FeinbergNew York Supreme Court · 1951
- City of New York v. New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Morelite Service Stations, Inc. v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1932