Legal Opinion

City of New York v. Knickerbocker Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1905PublishedCited by 16 opinions

Appeal by the defendant, the Knickerbocker Trust Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of January, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint.

1Opinion of the Court

Patterson, J. :

The city of New York brought this action seeking a mandatory injunction to compel the defendant to remove certain structures, namely, steps and coping and an area which it alleges were unlawfully constructed upon the property of the plaintiff, namely, being a public street in the city of New York at Fifth avenue and Thirty-fourth street. The material allegations of the complaint are that the plaintiff is a municipal corporation; that the defendant, the Knickerbocker Trust Company, is a domestic corporation organized under the laws of the State of New York; that the defendant…

2Cases cited10 opinions

  1. Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
  2. Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
  3. Ackerman v. . TrueNew York Court of Appeals · 1903
  4. Wheelock v. . NoonanNew York Court of Appeals · 1888
  5. Hahl v. . SugoNew York Court of Appeals · 1901

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

3Cited by16 opinions

  1. Santee Mills v. QuerySupreme Court of South Carolina · 1922
  2. City of New York v. . RiceNew York Court of Appeals · 1910
  3. Milton Schnaier & Co. v. GrigsbyAppellate Division of the Supreme Court of the State of New York · 1909
  4. Acme Realty Co. v. SchinasiAppellate Division of the Supreme Court of the State of New York · 1913
  5. City of New York v. de PeysterAppellate Division of the Supreme Court of the State of New York · 1907

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API