CITY OF NEW YORK v. TRANSPORTAZUMAH LLC

401763/10, 8771, 8771A.

101 A.D.3d 465 (2012)

955 N.Y.S.2d 333

2012 NY Slip Op 8454

CITY OF NEW YORK, Respondent, v. TRANSPORTAZUMAH LLC, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

December 11, 2012.


Defendant challenges the enforceability of Administrative Code § 6-202, which states, "It shall be unlawful for any omnibus route or routes for public use ... to be operated in or upon any street within the city until and unless a franchise or right therefor shall be obtained from the board of estimate." Defendant contends that New York State courts do not have jurisdiction to enforce this provision against it because the provision is preempted by a federal law that...

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