City of New York v. United States Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City of New York, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 27th day of May, 1904, upon the decision of-the court, rendered after a trial at the New York Special Term, dismissing the plaintiff’s complaint.
1Opinion of the Court
Houghton, J.:
The action is brought to compel the -removal of a stone stoop and steps and a railed areaway in front of Nos. 1424 and 1426 on the easterly side of Broadway in the city of New York, between Thirty-ninth and Fortieth streets, erected and maintained by the defendants, on the ground that they constitute a public nuisance in that they are encroachments upon the street.
The stoop extends into the sidewalk beyond the budding line about seven feet and the areaway about six feet and they were erected and constructed in 18Y0 under claimed license from the city.
The plaintiff’s complaint was…
2Cases cited2 opinions
- May v. . GillisNew York Court of Appeals · 1901
- Ducker v. Del GenoveseAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by18 opinions
- Keyser v. City of BoiseIdaho Supreme Court · 1917
- Warrin v. HavertyAppellate Division of the Supreme Court of the State of New York · 1913
- Younger v. CampbellAppellate Division of the Supreme Court of the State of New York · 1917
- Kanes v. KoutrasSupreme Court of Georgia · 1948
- Holden v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1924
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