
    The City of New York, Appellant, v. The Citizens Water Supply Company of Newtown, Respondent.
    
      New York city — streets — water works — action to compel removal from streets of water mains of private water supply company.
    
    
      City of New York v. Citizens Water Supply Co. of Newtown, 204 App. Div. 783, affirmed.
    (Argued January 15, 1924;
    decided February 19, 1924.)
    Appeal from a judgment, entered May 9, 1923, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. This action was in equity to settle the question of absence of franchise right in the defendant to use certain designated streets and highways in wards 3 and 4 of the borough of Queens, city of New York, for its mains and pipes; to settle the legality of such use; to enjoin the defendant from using and occupying said streets and highways; to have said mains and pipes declared the property of the city of New York, and also to command the defendant to remove said mains and pipes from the streets and avenues aforesaid, unless it obtains a legal franchise to so use said streets and mains.
    
      
      George P. Nicholson, Corporation Counsel {James A. Donnelly and Joseph P. Morrissey of counsel), for appellant.
    
      Samuel F. Moran and John D. Monroe for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  