GILMARTIN v. CITY OF NEW YORK


20 Misc.2d 235 (1959)

Daniel Gilmartin, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

July 31, 1959.


Attorney(s) appearing for the Case

O'Donnell & Schwartz (John F. O'Donnell of counsel), for plaintiff.

Whitman, Ransom & Coulson (Arthur L. Webber of counsel), for Consolidated Edison Company, defendant.

Charles H. Tenney, Corporation Counsel (Milton Mollen, James J. Hurley, and Fabian Dalomino of counsel), for City of New York and others, defendants.


BIRDIE AMSTERDAM, J.

In this taxpayer's suit, the plaintiff seeks a temporary injunction restraining the transfer of possession of the transit power plants to the Consolidated Edison Company of New York, Inc. at 12:01 A.M. of August 1, 1959 pursuant to the plant sale and power supply contracts made April 30, 1959. Resolution authorizing the plant sale was adopted by the New York City Transit Authority on February 20, 1959, and on March 12, 1959 the Board...

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