City of New York Municipal Court September 21, 1930 (Morenken Building Corp. v. Long Island Water Co.)

Russell, J.

Motion to dismiss complaint. The complaint alleges an exclusive right in defendant to lay water mains in certain *304sections of Queens borough; that on September 13, 1928, defendant filed a plan in the department of water supply, borough of Queens, of a proposed main in Mott avenue, which was duly approved, but that no main has since been laid; that defendant accepted a fee as a