People Ex Rel. Pumpyansky v. . Keating
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made June 21, 1901, which reversed an order of Special Term denying an application by relator for a peremptory writ of mandamus commanding the defendant to remove a booth or stand for the sale of newspapers and periodicals from the southwest corner of Sixth avenue and Twenty-third street in the city óf New York, and granted the application.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made June 21, 1901, which reversed an order of Special Term denying an application by relator for a peremptory writ of mandamus commanding the defendant to remove a booth or stand for the sale of newspapers and periodicals from the southwest corner of Sixth avenue and Twenty-third street in the city óf New York, and granted the application. The facts, so far as material, are stated in the opinion. Peremptory mandamus is not the appropriate remedy under the circumstances of this case. The…
1Opinion of the CourtBartlett, J.
Two questions are presented by this appeal: (1) Has the relator, merely as a resident and citizen of the city of Hew York, a right to maintain this proceeding ? (2) Has the municipal assembly power to grant such licenses as the one in question ?
We agree with the Appellate Division that the relator is entitled to maintain this proceeding as a citizen, he seeking to enforce a right in which the general public is interested, to wit,, that the streets of the city shall remain unobstructed and unincumbered. (People ex rel. Case v. Collins, 19 Wend. 56; People ex rel. Waller v. Board of…
2Cases cited7 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- Chittenden v. . WursterNew York Court of Appeals · 1897
- In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
- People Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Southern Leasing Co. v. . LudwigNew York Court of Appeals · 1916
- Beem v. DavisIdaho Supreme Court · 1918
- Schulman v. Louis Dejonge & Co.Appellate Division of the Supreme Court of the State of New York · 1945
- City of New York v. M. Wineburgh Advertising Co.Appellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. Swan v. DoxseeAppellate Division of the Supreme Court of the State of New York · 1910
57 more not listed; retrieve them via the Exa API.