Flack v. Village of Green Island
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 2, 1886, which affirmed a judgment in favor of defendant entered upon the report of a referee dismissing the complaint upon the merits. The nature of the action and.the facts, so far as material, are stated.in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 2, 1886, which affirmed a judgment in favor of defendant entered upon the report of a referee dismissing the complaint upon the merits. The nature of the action and.the facts, so far as material, are stated.in the opinion. There was never any dedication of the so-called streets by the owners, so far as they are claimed to exist upon the land described in the complaint. (Thomp. on Highw. 65; Hollane v. Cold Spring, 21 N. Y. 474; N. F. S. B. Co. v. Bachman, 66 id.…
1Opinion of the CourtPotter, J.
" This is an action in equity asking to have the defendant, a municipal corporation, perpetually enjoined from removing or interfering with a store-house of the plaintiff Flack, located as alleged in the complaint, upon land of the plaintiff, the Delaware and Hudson Canal Company, and near its railroad, and leased to plaintiff Flack, and declaring the title thereto to be in the said Delaware and Hudson Canal Company, subject to no easement for highway and other purposes. ' ‘
The answer alleged that plaintiff Flack erected the storehouse upon the lands forming a part of Paine and .Lafayette…
2Cases cited7 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Cook v. . HarrisNew York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- International & Great Northern Railroad v. CuneoCourt of Appeals of Texas · 1907
- Matter of HunterNew York Court of Appeals · 1900
- People v. Brooklyn & Queens Transit Corp.New York Court of Appeals · 1937
- Scarborough Properties Corp. v. Village of Briarcliff ManorNew York Court of Appeals · 1938
21 more not listed; retrieve them via the Exa API.