City of New York v. Fifth Ave. Coach Co.

• Decision Date: 23 May 1933
• Citation: 262 N.Y. 481,188 N.E. 29
• Parties: CITY OF NEW YORK, Appellant, v. FIFTH AVENUE COACH COMPANY, Respondent.
• Court: New York Court of Appeals Court of Appeals

262 N.Y. 481

188 N.E. 29

CITY OF NEW YORK, Appellant,

v.FIFTH AVENUE COACH COMPANY, Respondent.

Court of Appeals of New York.

May 23, 1933.

Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (237 App. Div. 383, 262 N. Y. S. 228), entered January 27, 1933, in favor of defendant upon the submission of a controversy on an agreed statement of facts pursuant to sections 546-548 of the Civil Practice Act, whereby it was adjudged and decreed that the respondent had valid franchises to operate certain omnibus routes specified in three certificates made by the Board of Railroad Commissioners and its successor, the Public Service Commission, dated, respectively August 2, 1900, February 21, 1901, and April 19, 1912, under the alleged authority of chapter 657 of the Laws of 1900 (which added section 23 to the Transportation Corporations Law [General Laws, c. 40]). The controversy involved the constitutionality of chapter 657 of the Laws of 1900 under section 16 of article 3 and section 2 of article 12 of the state Constitution, and the validity and effect of the three certificates made thereunder.

Arthur J. W. Hilly, Corp. Counsel, of New York City (Joseph A. Devery and William E. C. Mayer, both of New York City, of counsel), for appellant.

Frederick H. Wood, Royal E. T. Riggs, and Edward S. Pinney, all of New York City, for respondent.

PER CURIAM.

Judgment affirmed, without costs.

POUND, C. J., and CRANE, KELLOGG, O'BRIEN, and CROUCH, JJ., concur.

LEHMAN and HUBBS, JJ., not sitting.