Heaton v. Packer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Flavius Packer and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 13th day of January, 1909, upon the decision of the court rendered after a trial at the Hew York S23ecial Term overruling the defendants’ demurrer to the complaint.
1Opinion of the Court
Houghton, J.:
The complaint alleges that the 2>laintiffs own and oecu2>y lands in the borough of the Bronx in the city of Hew York adjoining to and abutting upon property owned by the defendants; that the lands occujded by the plaintiffs are in a high class residential portion of the city of Hew York and are suitable and valuable for residence purposes only; that the defendants have purchased the lands described in the complaint for the purpose of establishing, and are now erecting and altering the buildings thereon for the purpose of using them for a hospital for the insane, and the housing,…
2Cases cited4 opinions
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
- Gilford v. Babies' HospitalNew York Supreme Court · 1888
- Stilwell v. Buffalo Riding AcademyNew York Supreme Court · 1888
3Cited by3 opinions
- Durand v. Board of Cooperative Educational ServicesNew York Supreme Court · 1972
- Sherman v. LevingstonNew York Supreme Court · 1910
- Hall v. House of St. Giles the CrippleNew York Supreme Court · 1915