Excelsior Brick Co. v. Village of Haverstraw
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12,1892, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint 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 judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12,1892, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The streets now claimed hy defendant were not used by the public for more than six years and parts were never opened, and thus ceased to be public streets for any purpose. (Horey v. Vil. of Haverstraw, 124 N. Y. 273.) The order of discontinuance was…
1Opinion of the CourtEarl, J.
The plaintiff commenced this action to restrain the defendant from interfering with its land and causing an irreparable injury thereto, and also to recover damages caused by the defendant thereto. The defendant claimed that the land was in a public street and that it was, therefore, authorized to interfere therewith in the improvement of the street,, and upon that ground the complaint was dismissed.
It is not disputed that the laud in question constituted a street at some time prior to the acts complained of by the plaintiff, but it claims that the street had been discontinued and had thus…
2Cases cited1 opinion
- Horey v. . Village of HaverstrawNew York Court of Appeals · 1891
3Cited by5 opinions
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- City of Buffalo v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- New York, New Haven & Hartford Railroad v. Village of New RochelleNew York Supreme Court · 1899
- In re Ludlow Avenue & Whitlock AvenueAppellate Division of the Supreme Court of the State of New York · 1914
- Mangam v. President & TrusteesAppellate Division of the Supreme Court of the State of New York · 1896