People ex rel. Bentley v. Mayor of New York
New York Supreme Court
Motion for mandamus. Petition of Charles E. Bentley for an order directing the respondents, the Commissioner of Public Works and the Superintendent of the Burean of Incumbrances, of the city of New York, to take immediate steps to revoke certain permits issued by the Mayor’s Bureau of Permits to place show-cases on the sidewalk in front of certain premises on Fourteenth street, and to remove the show-cases placed on the sidewalk under such permits.
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Motion for mandamus. Petition of Charles E. Bentley for an order directing the respondents, the Commissioner of Public Works and the Superintendent of the Burean of Incumbrances, of the city of New York, to take immediate steps to revoke certain permits issued by the Mayor’s Bureau of Permits to place show-cases on the sidewalk in front of certain premises on Fourteenth street, and to remove the show-cases placed on the sidewalk under such permits. The permits in question provided that the privilege thereby granted “ must be exercised inside the stoop line in front of the premises of the…
1Opinion of the CourtBarrett, J.
This case is within the doctrine laid down in Le Boutillier v. The Mayor, &c., Geraty v. The Mayor, &e., and Nearn v. The Mayor, &c,*
It may now he deemed the settled rnle in this court that obstructions of the streets will not be permitted, and that business men cannot, even with such a permit as that now submitted, encroach upon the highway with their show-cases. The case of People ex rel. O’Reilly v. Mayor, &c., of N. Y. (59 How. Pr., 277), is ample authority for the writ of mandamus where, as here, neighboring merchants are (as in the nature of things they must be) specially injured by…
2Cases cited1 opinion
- People ex rel. O'Reilly v. MayorNew York Supreme Court · 1880
3Cited by3 opinions
- Farrell v. Mayor of New YorkNew York Supreme Court · 1888
- Simis v. BrookfieldThe Superior Court of the City of New York and Buffalo · 1895
- Simis v. BrookfieldThe Superior Court of New York City · 1895