Dematteis v. McGolrick Realty Co.

New York Court of Appeals

Dematteis v. McGolrick Realty Co.

182 N.E. 80, 259 N.Y. 452, 1932 N.Y. LEXIS 967

CourtNew York Court of Appeals

DecidedJuly 19, 1932

StatusPublished

Cited by6 cases

This text of 182 N.E. 80 (Dematteis v. McGolrick Realty Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dematteis v. McGolrick Realty Co., 182 N.E. 80, 259 N.Y. 452, 1932 N.Y. LEXIS 967 (N.Y. 1932).

Pincite

Opinion

Per Curiam.

We are in agreement with the decision of the Appellate Division that the defendants are operating a “ bus line or motor vehicle line or route ” for the transportation of passengers without a certificate of convenience and necessity in competition with the plaintiff who is operating a bus line under a certificate of convenience and necessity after permission granted by local authorities as provided by section 66 of the Transportation Corporations Law (Cons. Laws, ch. 63).

The judgment should be modified, however, by adding the words “ for public use in the conveyance of persons or property ” after the word “ route ” where that word first appears in the injunction clause of the judgment and, as so modified, the judgment should be affirmed, without costs to either party.

Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ., concur.

Judgment accordingly.

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