Volume 202 — New York Appellate Division Reports

<p>Municipal corporations — city of New York—action to restrain city from taking any steps toward operation of motor bus line over certain street—“ emergency ” defined—acts of city in establishing bus line illegal — action for injunction may be maintained by competing carrier or taxpayer — action to secure abatement of nuisance in street may be maintained by citizen and resident.</p> <p>The word “ emergency ” as used in the Transit Commission Law and in the Housing Laws of April and September, 1920, does not have the meaning given to it by lexicographers but the Legislature has given to the word a new and peculiar meaning, namely, a permanent condition of insufficiency of service or of facilities, resulting in social disturbance or distress.</p> <p>The acts of the city authorities in establishing the bus line in question are plainly illegal, for it is nót shown that a franchise has been granted by the board of estimate and apportionment under section 1458 of the Greater New York charter, or that the Public Service Commission has given a certificate of convenience and necessity.</p> <p>It seems, that an action may be maintained by a common carrier of passengers with whom the bus line comes in competition, or by a taxpayer for an injunction to restrain an illegal official act and to obtain a judgment for the loss to the city occasioned by such an illegal act, or by any citizen and resident, of the city to secure the abatement of a nuisance in a public street.</p>

Submission of a controversy upon an agreed statement of facts pursuant to section 546 of the Civil Practice Act, for the purpose of obtaining a construction of the last will and testament of Sarah Elizabeth Lawrence, deceased.

Appeal by the defendant, Joseph Kiernan, from a judgment of the County Court of the county of Kings, rendered on the 31st day of January, 1922, convicting him of the crime of robbery in the third degree.

<p>Appeal from a final judgment of the Supreme Court, entered in the Erie county clerk’s office on the 24th day of January, 1922, and also from an order entered on the 19th day of January, 1922.</p>

<p>Appeal from an order made by the State Industrial Board on the 23d day of June, 1921, rescinding an award made on the 7th day of April, 1921.</p> <p>Decision affirmed, without costs.</p>