N.Y. Rapid Transit Law § 100: Construction of chapter

§ 100. Construction of chapter. a. This chapter shall not be

construed to repeal or in any manner affect article six of the railroad

law, except so far as such article would, if this chapter had not been

passed, authorize the appointment hereafter of any commissioners applied

for as provided in section two hundred twenty of such law in any city or

authorize any commissioners already appointed pursuant to such section

in any such city to fix, determine or locate any new route pursuant to

the provisions of such article of the railroad law.

b. This chapter shall not repeal or in any manner affect the railroad

law, except as expressly provided, or except so far as the provisions

thereof conflict with the provisions of this chapter. But nothing in

this section shall prevent the board of transportation from laying out a

route for a railroad and constructing and operating a railroad, and such

board shall have the right to lay out such route and construct and

operate such railroad over, under, along or across any street in, along,

under or over which there shall be any existing railroad, provided that

the routes so laid out by the board and the railroad so constructed by

it shall so pass over or under or at the side of such existing railroad

as not to interfere with its operation.

c. This chapter shall not be construed in any manner to affect the

exercise or enjoyment at any time of any right acquired, exercised or

enjoyed before the thirty-first day of January, eighteen hundred

ninety-one by any corporation duly incorporated and organized before

such date or deriving powers and rights under the laws of this state.

d. This chapter shall not affect or impair the exercise or enjoyment

of any right or rights possessed before the thirty-first day of January,

eighteen hundred ninety-one or acquired or authorized to be acquired,

exercise or enjoyed by any street surface railroad corporation before

such date, except as herein otherwise expressly provided.