Bates v. Holbrook
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frederick Holbrook and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of August, 1903, upon the report of a referee, with notice of an intention to bring up for review upon such appeal an interlocutory judgment entered in this action on the 1st day of July, 1902, upon a remittitur from the Court of Appeals; also an appeal from an order made at the New…
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Appeal by the defendants, Frederick Holbrook and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of August, 1903, upon the report of a referee, with notice of an intention to bring up for review upon such appeal an interlocutory judgment entered in this action on the 1st day of July, 1902, upon a remittitur from the Court of Appeals; also an appeal from an order made at the New York Special Term and entered in said clerk’s office on the 22d day of July, 1903, denying the defendants’ motion to…
1Opinion of the Court
Ingkraham, J.: .
This action was brought to restrain the defendants from maintaining a nuisance upon Union square, a public park in the city of Hew York, in front of a building leased by the plaintiff and occupied by him as a hotel. The action came on for trial at a Special Term where the complaint was dismissed. Upon an appeal to this court the judgment was reversed and a new trial ordered (67 App. Div. *55025), whereupon, the defendants appealed from the order granting a new trial to the Court of Appeals, with the stipulation that if the said order were affirmed, judgment absolute should be…
2Cases cited8 opinions
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Jutte v. . HughesNew York Court of Appeals · 1876
- Snow v. . PulitzerNew York Court of Appeals · 1894
- Reisert v. . City of New YorkNew York Court of Appeals · 1903
- United States Trust Co. v. O'BrienNew York Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- Osborn v. . CardezaNew York Court of Appeals · 1913
- Tom Sawyer Motor Inns, Inc. v. Chemung County Sewer District No. 1Appellate Division of the Supreme Court of the State of New York · 1969
- Harcum v. BensonSupreme Court of Minnesota · 1916
- Shaw's Jewelry Shop, Inc. v. New York Herald Co.Appellate Division of the Supreme Court of the State of New York · 1915
16 more not listed; retrieve them via the Exa API.