Legal Opinion

Ackerman v. . True

New York Court of Appeals

Decided June 9, 1903PublishedCited by 74 opinions

Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1902, modifying and affirming as modified a judgment in favor of defendant entered upon a dismissal of the complaint by the court 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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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1902, modifying and affirming as modified a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. This was not a case where the trial court was justified in compelling the plaintiff to elect whether she would proceed on the theory of a nuisance or of a continuing trespass. (Lynch v. M. E. R. Co., 129 N. Y. 274; Garvey v. L.…

1Opinion of the CourtMartin, J.

On March 15, 1898, the defendant conveyed to the plaintiff a plot of ground on the northeast corner of Riverside drive and Eighty-second street in the city of Aew York, which extends along the easterly side of Riverside drive about sixty feet and along the southerly side of Eighty-second street twelve feet. At the time of this conveyance the defendant also owned the property fronting on Riverside drive adjoining the lot conveyed to the plaintiff on the northerly side and extending to Eighty-third street. The plaintiff owned a lot adjoining that conveyed to her by the defendant on which there…

2Cases cited17 opinions

  1. Campbell v. . SeamanNew York Court of Appeals · 1876
  2. Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
  3. Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
  4. Francis v. . SchoellkopfNew York Court of Appeals · 1873
  5. Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869

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3Cited by74 opinions

  1. City of New York v. . RiceNew York Court of Appeals · 1910
  2. Greey v. DockendorffSupreme Court of the United States · 1913
  3. Acme Realty Co. v. . SchinasiNew York Court of Appeals · 1915
  4. Ferrone v. RossiMassachusetts Supreme Judicial Court · 1942
  5. Hoover v. GeraldAppellate Division of the Supreme Court of the State of New York · 1995

69 more not listed; retrieve them via the Exa API.

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