Legal Opinion

Grunzfelder v. Interborough Rapid Transit Co.

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

Decided October 23, 1914No. Nos. 6175-6178PublishedCited by 1 opinion

Appeal from Special Term, New York County. Actions by Nicholas Grunzfelder, Daniel Reynolds, and Leopold Guttag against the Interborough Rapid Transit Company and another. From several orders, denying motions for temporary injunctions, the several plaintiffs appeal.

1Per curiam

These cases are not to be distinguished from Rothschild v. Interborough Rapid Transit Co., 162 App. Div. 532, 147 N. Y. Supp. 1040, save in the circumstance that the value of the easements to be affected will probably be found to be slight and perhaps nominal. That circumstance was urged upon us in the case cited and was fully considered, the answer being that “the rule de minimis cannot stand in the way of a constitutional right.” By-the present ap*438peal we are, in effect, asked to reconsider our former determination which was deliberately arrived at after mature consideration.

The orders…

2Cases cited1 opinion

  1. Rothschild v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1914

3Cited by1 opinion

  1. Montgomery Light & Traction Co. v. AvantSupreme Court of Alabama · 1918

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