Legal Opinion

Martin v. Dayton Seaside Corp.

New York Supreme Court

Decided July 27, 1960PublishedCited by 2 opinions

1Opinion of the CourtHarold Tessler, J.

The plaintiff, as a taxpayer of the City of New York, State of New York and the United States of America, has brought this action to enjoin the defendant from using portions of the property acquired by it, pursuant to the Federal Housing Act of 1949 (U. S. Code, tit. 42, § 1401 et seq.), as public parking areas. He now moves for a temporary injunction restraining said use.

While it is true that it is provided in the contract between the City of New York and the defendant, dated October 8, 1959, that it was not to use, rent, license or permit the temporary use of the buildings, structures or…

2Cases cited5 opinions

  1. Lawrence v. . FoxNew York Court of Appeals · 1859
  2. People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
  3. Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
  4. McGillicuddy v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1952
  5. Waxenbaum v. Seward Park Housing Corp.New York Supreme Court · 1960

3Cited by2 opinions

  1. Volpe Construction Co. v. First National BankMassachusetts Appeals Court · 1991
  2. Eldre Components, Inc. v. KlimanNew York Supreme Court · 1965

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