General
In the Matter of the Application of The City of New York, Respondent, v. New York, Westchester and Boston Railway Company, Appellant
246 A.D. 594·New York Supreme Court, Appellate Division·1935·NY
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Opinion
In the Matter of the Application of The City of New York, Respondent, v. New York, Westchester and Boston Railway Company, Appellant.
[MAJORITY]
Order granting petitioner’s motion for a peremptory order of mandamus, directing defendant to carry Hammersley and Fenton avenues, Bronx, across the right of way of its railroad, in the manner prescribed in the order of the Transit Commission dated July 16, 1931, and at its own expense in accordance with paragraph seventh of section 2 of the franchise grant from the city of New York, dated August 2, 1904, as amended, unanimously affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.