Legal Opinion

Potter v. Interborough Rapid Transit Co.

New York Supreme Court

Decided May 15, 1907Published

Action for an injunction.

1Opinion of the CourtFitzgerald, J.

This is an action by the owners of the premises situated at the southwest corner of Broadway and Rector street, in this, city, to restrain the threatened destruction and removal by the defendants of a brick wall constructed by the plaintiffs, constituting part of the westerly wall of the station of the underground railway, known as the subway, at that place, and standing between the platform of said station and steps or stairway- leading therefrom to the plaintiffs’ building. The present building of the plaintiffs, whose testator acquired title to the premises in 1884, was erected in 1897, in…

2Cases cited13 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. The People v. . KerrNew York Court of Appeals · 1863
  3. Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
  4. Barney v. City of New YorkSupreme Court of the United States · 1904
  5. Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905

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