
    The City of New York, Appellant, v. The Citizens Water Supply Company of Newtown, Respondent.
    
      New York city — action by city to enjoin water company from increasing water rates in second ward, borough of Queens.
    
    
      City of New York v.' Citizens Water Supply Co. of Newtown, 199 App. Div. 169, affirmed.
    (Argued March 8, 1923;
    decided March 23, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 27, 1921, affirming a judgment in favor of defendant entered upon an order of Special Term granting defendant’s motion for judgment on the pleadings. The complaint prays that it be adjudged and decreed that the rates proposed to be charged by respondent for water furnished to its consumers after January 1, 1921, as indicated by a notice issued by respondent on November 20, 1920, are illegal and void; that respondent be enjoined and restrained from imposing and enforcing against, or collecting from, any consumer any charge for water as provided in said notice or any charge in excess of the rates imposed on December 31, 1920, and that respondent be enjoined and restrained from discontinuing service or refusing service because of the failure or refusal of any consumer or applicant to pay, or agree to pay, any charge for water as provided in said notice, or any charge in excess of the rates imposed on December 31, 1920.
    
      George P. Nicholson, Corporation Counsel (Joseph A. Devery of counsel), for appellant.
    
      Samuel F. Moran and John D. Monroe for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Not voting: Hogan, J.  