N.Y. RRD Law § 100

§ 100. Temporary leave granted by court to a street surface railroad;\nbond. Whenever the railroad or route of any street surface railroad\ncorporation shall intersect and cross, or shall cross the tracks and\nroadbed of any railroad, operated by locomotive, steam or other power,\nwhich are laid in, across or upon the surface of any street, avenue,\nroad or highway in any city, town or village of the state, having less\nthan five hundred thousand inhabitants and such street surface railroad\ncorporation having been unable to agree with the corporation owning the\ntracks and roadbed so intersected or to be intersected and crossed, as\nto the line or lines, grade or grades, points or manner of such\nintersection and crossing, or upon the compensation to be made therefor,\nshall have applied to the court by petition to appoint commissioners to\ndetermine the same, the court shall upon application made by such street\nsurface railroad corporation, at, or after, the time of the appointment\nof such commissioners, or if an answer to the petition of such street\nsurface railroad corporation has been interposed, at any time\nthereafter, direct that such street surface railroad corporation be\npermitted to lay its tracks across, and to intersect, upon the surface\nof the street, avenue, road or highway, the tracks and roadbed of such\nrailroad operated by locomotive steam or other power, provided such\nstreet surface railroad corporation shall at the time of obtaining such\norder, make and file with the clerk of said court, its bond or\nundertaking in writing, in an amount and with surety or sureties to be\napproved by the court, conditioned for the full and faithful performance\nby such street surface railroad corporation of any and all conditions\nand requirements which may be imposed by said commissioners and be\naffirmed by the court, in determining the line or lines, grade or\ngrades, points or manner of such intersection and crossing and as to the\namount of compensation to be paid therefor, and also conditioned to\nconform such crossing and intersection made by virtue of such order of\nthe court to the requirements made by said commissioners as affirmed by\nthe court.\n