Legal Opinion

People Ex Rel. City of New York v. Belt Line Railway Corp.

New York Court of Appeals

Decided November 23, 1920PublishedCited by 2 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 9, 1920, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus and denied said motion. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtCbane, J.

Prior to the ninth day of February, 1917, the president of the borough of Manhattan requested the board of estimate and apportionment to appropriate sufficient funds for repaving certain streets in the borough of Manhattan, among which was Fifty-ninth street between Fifth and Eighth avenues. The board of estimate thereupon, by resolution adopted on said date and also on March 7, 1919, duly authorized an expenditure of the necessary funds for that purpose. Thereafter the borough president caused to be prepared the necessary plans for repaving said West Fifty-ninth street with asphalt on a…

2Cases cited3 opinions

  1. People Ex Rel. City of Olean v. Western New York & Pennsylvania Traction Co.New York Court of Appeals · 1915
  2. People Ex Rel. City of New York v. New York Railways Co.New York Court of Appeals · 1916
  3. City of New York v. Hudson & Manhattan RailroadNew York Court of Appeals · 1920

3Cited by2 opinions

  1. Earl Carroll Realty Corp. v. New York Edison Co.New York Supreme Court · 1931
  2. People Ex Rel. City of New York v. Belt Line Railway Corp.New York Court of Appeals · 1921

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