MATTER OF CITY OF NEW YORK, 243 N.Y. 574 (1926)

154 N.E. 610

In the Matter of the Application of the CITY OF NEW YORK, Respondent. NEW YORK AND HARLEM RAILROAD COMPANY et al., Appellants; TRANSIT COMMISSION OF THE STATE OF NEW YORK, Respondent. (East 238th Street Crossing.)

Court of Appeals of the State of New York.Argued June 4, 1926
Decided July 9, 1926

Appeal from the Supreme Court, Appellate Division, First Department.

Page 575

Isaac N. Mills, Alexander S. Lyman and Charles M. Sheafe, Jr., for appellants.

Carleton S. Cooke and Louis W. Stotesbury for Transit Commission, respondent.

George P. Nicholson, Corporation Counsel (Vincent Victory
of counsel), for city of New York, respondent.

Order affirmed, with costs; no opinion.

Concur: POUND, McLAUGHLIN, CRANE and LEHMAN, JJ. Dissenting: CARDOZO and ANDREWS, JJ. Not voting: HISCOCK, Ch. J.