Hotel Astor v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeals from orders of the Supreme Court, entered in the office of the clerk of the county of New York on August 30 and October 3, 1913, denying motions for injunctions pendente lite. Orders affirmed, with ten dollars costs and disbursements in each case, on opinion of Seabury, J., at Special Term. (Reported in 83 Mise. Rep. 94.) Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.; Ingraham, P. J., and Scott, J., dissenting, in opinions.
1Opinion of the Court
Scott, J. (dissenting):
By this action the plaintiff as lessee and operator of a large hotel in the city of New York calls in question the validity of an ordinance recently adopted by the board of aldermen of the city of New York authorizing the establishment of public hack stands in the city of New York. The general authority of the municipality to regulate hacks and haekmen and to establish hack stands is not questioned. Plaintiff, however, insists that the ordinance in question is not only unreasonable as to it, but actually invades and impairs its property rights as an abutting owner upon…
2Cases cited6 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . KerrNew York Court of Appeals · 1863
- Donovan v. Pennsylvania Co.Supreme Court of the United States · 1905
- Callanan v. . GilmanNew York Court of Appeals · 1887
- City of New York v. ReesingAppellate Division of the Supreme Court of the State of New York · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- City of New York v. Yellow Taxi Corp.City of New York Municipal Court · 1935
- People v. OestriecherNew York City Magistrates' Court · 1940