Isaac G. Johnson & Co. v. Cox
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 5, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special 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 March 5, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The findings of fact present a case which comes exactly under the operation of the statute providing for discontinuing and closing streets, avenues, roads, highways, alleys, lanes and thoroughfares in cities of more than 1,250,000 inhabitants. (L. 1895, ch. 1006.) The meaning of…
1Opinion of the CourtEdward T. Bartlett, J.
The Special Term judgment granted to the plaintiff the following relief:
1. “ That the defendants, their agents, etc., be and they hereby are enjoined and restrained from closing the portion of the roadbed of the 6 Old Kingsbridge Road ’ lying in front of the defendants’ premises, or from in any way interfering with the use thereof by the plaintiff as a public street or road until the street contiguous thereto, the proceedings for the opening of which are now pending, shall be physically opened and capable of public use.” (The Spuyten Duyvil Road.)
2. “ That the defendants, their agents, etc.,…
2Cases cited5 opinions
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Matter of City of New YorkNew York Court of Appeals · 1908
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- In Re the Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1907
- Isaac G. Johnson & Co. v. CoxNew York Supreme Court · 1903
3Cited by15 opinions
- Gerbig v. ZumpanoNew York Court of Appeals · 1960
- Matter of Mayor, Aldermen Commonalty of City of N.Y.New York Court of Appeals · 1909
- Barber v. . WoolfNew York Court of Appeals · 1915
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- In re OlingerAppellate Division of the Supreme Court of the State of New York · 1914
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