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City of New York v. New Jersey & Staten Island Ferry Co.

The City of New York v. New Jersey and Staten Island Ferry Company

City of N.Y. v. N.J. & Staten Island Ferry Co., 173 A.D. 496 (1916)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
June 9, 1916
Judges
Jenks
Citations
173 A.D. 496159 N.Y.S. 4341916 N.Y. App. Div. LEXIS 10387
Headnotes
Municipal corporations —city of Hew York — suit to enjoin unauthorized operating of ferry —interstate ferry. The city of Hew York may maintain a suit in equity to enjoin a ferry company from using boats to transport persons and property without authority, although such act is made a misdemeanor by section 870 of the Penal Law. The city may maintain such suit although one of the terminals of the ferry is in the State of Hew Jersey.
Summary
Appeal by the defendant, New Jersey and Staten Island Ferry Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of November, 1915, upon a decision of the court after a trial at the Kings County Special Term. The judgment enjoined the defendant, its agents and officers from using or employing boats of any kind for the transportation of persons, vehicles, animals and goods from or to Hollands Hook, in Richmond county, and awarded damages to the plaintiff.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Jenks

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Jenks, P. J.:

The judgment should be affirmed upon the opinion of Mr. Justice Kapper at Special Term (92 Mise. Rep. 40). It would be superfluous to add to or to amplify his discussion of the principal question.

The plaintiff is not barred from equitable relief because the unauthorized maintenance of a ferry is. made a misdemeanor by section 870 of the Penal Law. We are cited to Woollcott *497 v. Shubert (169 App. Div. 194 ), wherein is discussed and approved the rule of Almy v. Harris ( 5 Johns. 175 ). Almy v. Harris (supra) is limited in Jordan & Skaneateles Plankroad Co. v. Morley ( 23 N. Y. 554 ), so that the case is not applicable to the case at bar. It is there said': “ It is only where a new right is given, which the party would not be entitled to but for the statute, that the remedy afforded by the statute is exclusive.” Of course, the defendant was afforded no right, actual or apparent, by section 870 of the Penal Law.

The circumstance that a terminus of the ferry is in the State of New Jersey does not affect the right involved in the case at bar. (People v. Babcock, 11 Wend. 586 ; Columbia Delaware Bridge Co. v. Geisse, 38 N. J. Law, 39; Conway v. Taylor, 1 Black [U. S.], 603.)

Stapleton, Mills, Rich and Putnam, JJ., concurred.

Judgment affirmed, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1921: 11937: 11942: 11948: 119212026peak 1921 · 1

Relies on it most ⓘ

  1. Brooklyn & Richmond Ferry Co. v. United States167 F.2d 330 (2d Cir. 1948)
  2. United Traction Co. v. Smith115 Misc. 73 (N.Y. Sup. Ct. 1921)
  3. Murray v. City of New York165 Misc. 125 (N.Y. Sup. Ct. 1937)
  4. Seideman v. City of New York264 A.D. 359 (1942) · Dissent

Most recent

  1. Brooklyn & Richmond Ferry Co. v. United States167 F.2d 330 (2d Cir. 1948)
  2. Seideman v. City of New York264 A.D. 359 (1942) · Dissent
  3. Murray v. City of New York165 Misc. 125 (N.Y. Sup. Ct. 1937)
  4. United Traction Co. v. Smith115 Misc. 73 (N.Y. Sup. Ct. 1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Almy v. Harris, 5 Johns. 175 (N.Y. Sup. Ct. 1809) 43
Woollcott v. Shubert, 169 A.D. 194 (1915) 9

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