In re Board of Rapid Transit Com'rs
Appellate Division of the Supreme Court of the State of New York
Application by the board of rapid transit commissioners for reargument, and application on the part of property owners for settlement of order heretofore rendered. 49 N. Y. Supp. 60. Modified.
1Opinion of the CourtVan Brunt, P. J.
It is claimed upon the part of the board of rapid transit commissioners that the court had no power to require that certain conditions should be complied with prior to its giving its consent to the construction of the road by confirming the report of the supreme court commissioners. As the court has the authority absolutely to refuse to confirm that report for any reasons which might seem to it to justify such action, it is difficult to see why it has not the power to require that certain things shall be done which in its judgment are a necessary prerequisite to its confirmation of such…
2Cited by2 opinions
- In re Board of Rapid TransitAppellate Division of the Supreme Court of the State of New York · 1898
- In re Board of Rapid-Transit CommissionersAppellate Division of the Supreme Court of the State of New York · 1900