Lincoln Safe Deposit Co. v. City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s vaulis, contiguous to and in front of its premises, constructed pursuant to permits duly issued to it by the city were property, and entitled to the protection of the law the same as any other kind of property. (Deshong v. City of New York, 176 N. Y.…
1Opinion of the Court
Cullen, Oh. J.
The plaintiff, the owner of land abutting on Forty-second street in the city of. New York, under a permit granted by the city, erected vaults under the adjacent part of the' street, and installed therein a heating plant. When the construction of the subway was about to be commenced notice was given to the plaintiff to remove its plant from the street. The plaintiff failed to comply with this notice and six months later a sub-contractor of the defendant McDonald, who had contracted for the construction of the subway, entered upon the part of the street occupied by the plaintiff,…
2Cases cited13 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Jorgensen v. . SquiresNew York Court of Appeals · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- People Ex Rel. City of New York v. New York Railways Co.New York Court of Appeals · 1916
- Vinson v. Greenburgh Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1968
- Williams v. HylanAppellate Division of the Supreme Court of the State of New York · 1928
- Appleton v. . City of New YorkNew York Court of Appeals · 1916
- Matter of Green v. MillerNew York Court of Appeals · 1928
14 more not listed; retrieve them via the Exa API.