City of New York v. Knickerbocker Trust Co.
New York Supreme Court
Action in equity to compel defendant to remove certain encroachments in a public highway.
1Opinion of the CourtO’Gorman, J.
This is a suit in- equity to compel the defendant to remove certain encroachments in the public highway, consisting of steps and areas at Fifth avenue and *223Thirty-fourth street, which appropriate approximately one-half of the sidewalk of each street. There is no substantial dispute as to the facts. The projection complained of clearly interferes with the right of the public to use the whole of the public street. It is, therefore, an unlawful incumbrance and constitutes a public nuisance. Ackerman v. True, 175 N. Y. 353; McMillan v. Klaw & Erlanger Const. Co., 107 App. Div. 407. It is a…
2Cases cited4 opinions
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Village of Oxford v. . WilloughbyNew York Court of Appeals · 1905
- McMillan v. Klaw & Erlanger Construction Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Ely v. CampbellNew York Supreme Court · 1879
3Cited by7 opinions
- People ex rel. Mark Cross Co. v. AhearnAppellate Division of the Supreme Court of the State of New York · 1908
- Callahan v. City of NevadaSupreme Court of Iowa · 1915
- City of New York v. de PeysterAppellate Division of the Supreme Court of the State of New York · 1907
- Leo N. Levy Corp. v. DickNew York Supreme Court · 1921
- In re Laying Out, Opening & Extending of Alexander StreetAppellate Division of the Supreme Court of the State of New York · 1911
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