Mauldin v. New York City Transit Authority

OPINION OF THE COURT

Hawkins, J.

In this action, inter alia, for injunctive relief and a judgment declaring a certain permit, issued by the Department of Water Resources of the defendant City of New York to the defendant New York City Transit Authority, to be void, the parties have cross-appealed from an order which, inter alia, (1) denied the city’s motion to dismiss the complaint and (2) declared the permit in question to be void.

The order should be modified by deleting therefrom the provisions which granted a permanent injunction and which declared the permit to be void.

Special Term, in…