New York Court of Appeals

The Colonial City Traction Company, Appellant v. the Kingston City Railroad Company, Respondent

December 14, 1897154 N.Y. 493

Summary

The Court denied the motion for reargument, affirming that the plaintiff lacks standing to seek a court order to use the defendant's tracks until it first obtains the consents required by section 91 of the Railroad Law, which are an absolute condition precedent to a proceeding under section 102.