Legal Opinion

City of New York v. TransportAzumah LLC

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 2012Published

1Opinion of the Court

*466Defendant challenges the enforceability of Administrative Code § 6-202, which states, “It shall be unlawful for any omnibus route or routes for public use . . . to be operated in or upon any street within the city until and unless a franchise or right therefor shall be obtained from the board of estimate.” Defendant contends that New York State courts do not have jurisdiction to enforce this provision against it because the provision is preempted by a federal law that states that “no State or political subdivision thereof . . . shall enact or enforce any law, rule, regulation, standard, or…

2Cases cited6 opinions

  1. Chemical Bank v. PIC Motors Corp.New York Court of Appeals · 1983
  2. Matter of Walsh v. LaguardiaNew York Court of Appeals · 1936
  3. Klinkenstein v. Third Avenue Railway Co.New York Court of Appeals · 1927
  4. New York & Atlantic Railway v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
  5. New York City Transit Authority v. PierrotAppellate Division of the Supreme Court of the State of New York · 1988

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