Reis v. City of New York
Appellate Division of the Supreme Court of the State of New York
.- Appeal by the defendants, The City of New York and others, •from a judgment of" the Supreme Court in favor of ,the' plaintiff, "entered "iti the office of the" cleric of the county of Kings on the 1st " day" 5f "June, 1905, "upon the decision of the, court,-rendered after a "trial" at the Kitigs County Special' Term, enjoining the defendants •from erecting any stfucture upon any part- of Hawthorne" street " between Kingston and Albany-avenues, wliereby plaintiff’s…
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.- Appeal by the defendants, The City of New York and others, •from a judgment of" the Supreme Court in favor of ,the' plaintiff, "entered "iti the office of the" cleric of the county of Kings on the 1st " day" 5f "June, 1905, "upon the decision of the, court,-rendered after a "trial" at the Kitigs County Special' Term, enjoining the defendants •from erecting any stfucture upon any part- of Hawthorne" street " between Kingston and Albany-avenues, wliereby plaintiff’s easements - therein and access "to her property" might be impaired.
1Opinion of the Court
Jenks, J.:
The Legislature could effect the closing of city streets through the board of estimate and apportionment of the city of New York. (Fearing v. Irwin, 55 N. Y. 486 ; Elliott Roads & S. [2d ed.] § 875, and authorities cited.) The said board was duly authorized and empowered in the premises. (Greater N. Y. Charter, § 442.) It appears that the board followed the procedure prescribed by that section. Although one public way to property is closed, yet if another be left the property owner sustains no actionable damage. (Fearing v. Irwin, supra ; Coster v. Mayor, 43 N. Y. 399 ; Egerer v. N.…
2Cases cited7 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- The People v. . KerrNew York Court of Appeals · 1863
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Fearing v. . IrwinNew York Court of Appeals · 1874
- Kings County Fire Ins. Co. v. . StevensNew York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Lynchburg v. PetersSupreme Court of Virginia · 1926
- People ex rel. Winthrop v. DelanyAppellate Division of the Supreme Court of the State of New York · 1907
- Smith v. GagliardiNew York Supreme Court · 1955
- Baker v. Village of ElmsfordAppellate Division of the Supreme Court of the State of New York · 2009
- Cox v. Board of Estimate & ApportionmentNew York Supreme Court · 1931
4 more not listed; retrieve them via the Exa API.