Schieffelin v. McClellan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George B. McClellan, as mayor, etc., and others, from an order of the Supreme Court, made at the Mew York Special Term and. entered in the office of the- clerk of the county of Mew York on the 11th day of December, 1909.
1Opinion of the CourtScott, J.
This is an appeal from an order enjoining the board of estimate and apportionment of the city of Mew York from proceeding further with the hearing upon, and from acting upon an application for certain changes and modifications to the contract heretofore entered into between the city of Mew York and the South Shore Traction Company. The only question we have to consider is whether or not the board may legally proceed to act, and whether *666they máy so legally proceed depends upon the question whether or not their acts are regulated by section 92 of the Railroad Law as well as by section 74 of the…
2Cases cited2 opinions
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Secor v. Village of Pelham ManorAppellate Division of the Supreme Court of the State of New York · 1896