Legal Opinion

Backes v. Curran

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 4 opinions

Appeal by the plaintiff, Thomas J. Backes, from an order of the Supreme Court, made at the ÍSTew York Special Term and entered in the office of the clerk of the county of Rew York on the 10th day of December, 1901, denyingthe plaintiff’s motion for an injunction pendente lite.

1Opinion of the Court

Van Brunt, P. J.:

The plaintiff under his contracts was entitled to a corner store on the northwest corner of Forty-fifth street and Broadway, twenty feet eleven inches wide and fifty-six feet long, the store floor to be one step up from the street and the ceiling to be fourteen feet high, with a cellar underneath, in a building to be erected upon said premises. ■ The defendant Curran is engaged in the construction of a building, the floor of the store to be erected upon the corner (which is the locality covered by the plaintiff’s lease), being from four to seven feet below the level of the…

2Cited by4 opinions

  1. Boyer v. City of YakimaWashington Supreme Court · 1928
  2. Longo v. SparanoNew York Supreme Court · 1922
  3. Queens Plaza Amusements, Inc. v. Queens Bridge Realty Corp.New York Supreme Court · 1942
  4. Ætna Life Insurance v. North Star Mines Co.New York Supreme Court · 1907

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