Kernochan v. . Manhattan Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendant from maintaining, or operating, its railway structure in East 42d street, in the city of New York, and to recover the damages which the plaintiff had sustained to his abutting property.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendant from maintaining, or operating, its railway structure in East 42d street, in the city of New York, and to recover the damages which the plaintiff had sustained to his abutting property. The premises affected are situated on the north side of East 42d street, near the corner of Depew place; a short street running…
1Opinion of the CourtGray, J.
This case presents a phase of the elevated railroad litigation in the city of 24ew York, which may be said to differentiate it from preceding cases in a marked respect. The ground lease, in question, antedated the construction of the elevated railroad in the street; ran for one long term ■ of years; carried a fixed rental for only a portion of the term and, immediately upon its making, was built upon by the lessees. The plaintiff’s action is based upon the invasion by the defendant of the easements of light, air and access, which were appurtenant to the property, and the date of the…
2Cases cited4 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Kearney v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Sperb v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
- Livingston v. . SageNew York Court of Appeals · 1884
3Cited by12 opinions
- New York Overnight Partners, L. P. v. GordonAppellate Division of the Supreme Court of the State of New York · 1995
- Plaza Hotel Associates v. Wellington Associates, Inc.New York Supreme Court · 1967
- Storms v. . Manhattan Railway Co.New York Court of Appeals · 1904
- Kalbitzer v. GoodhueWest Virginia Supreme Court · 1903
- Lundman v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1925
7 more not listed; retrieve them via the Exa API.