13 - Actions and proceedings. - New York Statutes

§ 13. Actions and proceedings. a. The board of transportation may sue in the name and behalf of the city. It may in the name of and in behalf of the city bring action of specific performance or may bring a special proceeding to compel the performance within such city by any person of any duty or obligation with reference to or arising out of the construction or operation of any railroad under, or by reason of, any grant made or right acquired under this chapter, or out of or by reason of any contract made or authorized by it or any predecessor board, commission or commissioner within the city, or it may in behalf of and in the name of such city bring actions to recover damages for any violation of contract or duty, or for any wrong committed by any such person by reason of any nonperformance or violation of duty under the provisions of this chapter or under any contract or stipulation made in pursuance of any provisions of this chapter. b. Every action or proceeding brought by the board of transportation, and every action or proceeding in which an injunction is had or sought against the board or such city, or against any person who or which shall have entered into a contract under the provisions of this chapter, by reason of any act or thing done, proposed or threatened under or by virtue of any provision of this chapter, or is sought against any person claiming or claiming to act under any grant or franchise under this chapter, and every action or proceeding in which the constitutionality of any part of this chapter shall or may be brought in question, shall have a preference above all causes not criminal on the calendar of every court, and may be brought on for trial or argument upon notice of eight days for any day of any term on which the court shall be in session.