DeMatteis v. McGolrick Realty Co.

Appellate Division of the Supreme Court of New York

DeMatteis v. McGolrick Realty Co.

235 A.D. 736

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1932

StatusPublished

This text of 235 A.D. 736 (DeMatteis v. McGolrick Realty Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York 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., 235 A.D. 736 (N.Y. Ct. App. 1932).

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Opinion

Judgment reversed on the law and the facts, with costs, and judgment directed for plaintiff as prayed for in the complaint, with costs. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made in accordance herewith. In our opinion, sections 65 and 66 of the Transportation Corporations LawJ apply to the defendants’ bus lines or routes. They are common carriers in direct competition with the plaintiff and require local consents and certificates of public convenience and necessity to entitle them lawfully to operate said bus lines. Lazansky, P. J., Young, Carswell and Tompkins, JJ., concur; Davis, J., dissents. Settle order on notice.

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Judgment reversed on the law and the facts, with costs, and judgment directed for plaintiff as prayed for in the complaint, with costs. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made in accordance herewith. In our opinion, sections 65 and 66 of the Transportation Corporations LawJ apply to the defendants’ bus lines or routes. They are common carriers in direct competition with the plaintiff and require local consents and certificates of public convenience and necessity to entitle them lawfully to operate said bus lines. Lazansky, P. J., Young, Carswell and Tompkins, JJ., concur; Davis, J., dissents. Settle order on notice.

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235 A.D. 736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dematteis-v-mcgolrick-realty-co-nyappdiv-1932.