Legal Opinion

Coleman v. City of New York

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

Decided March 15, 1902PublishedCited by 7 opinions

Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 1st day of October, 1901, upon the decision of the court rendered after a trial at the New York Special Term.

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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 1st day of October, 1901, upon the decision of the court rendered after a trial at the New York Special Term. The judgment in this action restrained the defendant from using Exterior street with its structures and also perpetually enjoining it from maintaining a dumping board along the bulkhead line of the dock, wharf, cribwork, etc., or on the crib-work on Exterior street, and directed a removal of the same.

1Opinion of the Court

Hatch, J.:

By chapter 697 of the Laws of 1887 authority was vested in the board of the department of docks to establish the easterly line of Exterior street along a portion of the East river. This act was amended by chapter 272 of the Laws' of 1888 and hy chapter 257 of the Laws of 1889. By these acts authority was devolved upon the department of docks to determine upon a plan for said street and there was vested in the board of street opening and improvement of the city of New York, after the adoption of the plan and upon the written petition or consent of certain property owners, authority…

2Cases cited4 opinions

  1. Hill v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
  2. Health Dep't of N.Y. v. . PurdonNew York Court of Appeals · 1885
  3. Kobbe v. Village of New BrightonAppellate Division of the Supreme Court of the State of New York · 1897
  4. Pettit v. New York Central & Hudson River RailroadNew York Supreme Court · 1894

3Cited by7 opinions

  1. Cattlemen'S Trust Co. v. BlasingameCourt of Appeals of Texas · 1915
  2. Saal v. South Brooklyn Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
  3. Peterson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1932
  4. Peterson v. City of New YorkNew York Court of Appeals · 1932
  5. Cattlemen'S Trust Co. v. BlasingameCourt of Appeals of Texas · 1915

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