115 Misc. 351 | N.Y. Sup. Ct. | 1921
This is an application for the continuance of an injunction pending the trial of an action instituted by the city of New York to prevent the consummation of an agreement between the states of New York and New Jersey for the development of the port of New York, pursuant to the provisions of chapter 154, Laws of 1921. The papers presented disclose that the facilities of the port are cumbersome and inadequate, and as a result thereof delays occur in the shipment of goods and unusual cost for terminal service is imposed. This is true to such an extent that traffic heretofore passing through the port is diverted on an extensive scale to other American harbors having modem and appropriate equipment. The principal difficulty at the port of New York, it appears, has been due to the fact that many of the continental trunk lines terminate in the state of New Jersey, while most of the oceangoing traffic is received and discharged upon the island of Manhattan and in the borough of Brooklyn in the state of New York, and that between the various shore lines of the port the state line of New York and New Jersey intervenes. It is with a view of co-ordinating the terminal facilities throughout the port district, and of administering them as a unit that the legislatures of the states of New York and New Jersey have drawn up and are about to execute the preliminary agreement which is sought to be abrogated in this action. The corporation counsel contends in the first place on behalf of the plaintiff that since the proposed compact provides for the joint management of piers located in the city of New York by representatives appointed by the states of New York and New Jersey, called the port authority, and for the transfer of freight and passengers in and about the city of New York under the joint control of such representatives, that the legislature of the state of New
Motion denied.