New York & Long Island Railroad v. O'Brien — 192 N.Y. 558

Majority

p. 558

The New York and Long Island Railroad Company Respondent, v. John H. O’Brien, as Fire Commissioner of the City of New York, et al., Appellants.

Headnote

N. Y. & Long Island R. R. Co. v. O’Brien, 121 App. Div. 819 , affirmed.

(Argued April 21, 1908;

decided May 19, 1908.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 27, 1907, which affirmed a judgment of Special Term restraining the defendants from revoking certain permits or interfering with the plaintiff or its contractor in the construction of a tunnel under the East river between the boroughs of Manhattan and Queens.

p. 559

Francis K. Pendleton, Corporation Counsel (Theodore Connoly and Terence Farley of counsel), for appellants.

Morgan J. O'Brien and George W. Wickersham for respondent.

Judgment affirmed, with costs, on opinion of Clarke, J., below.

Concur; Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.