Village of Haverstraw v. . Eckerson
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 21, 190S, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 21, 190S, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following questions were certified: “First: Has a village incorporated under the General Village Law capacity to maintain an action in equity to restrain threatened injury to a public street? “Second: Has such a village the right to maintain an action in equity to restrain the taking down, removing or otherwise interfering with the lateral support of…
1Opinion of the CourtGray, J.
The questions presented by this appeal are, simply, whether the village of Haverstraw has the legal capacity to maintain an action for equitable relief and, if it has, whether a cause of action is made out upon the allegations of its complaint. I think that the first of these questions was settled by our decision in the case of Village of Oxford v. Willoughby, (181 N. Y. 155). Upon its authority, as in reason, we must hold that a municipal corporation may resort to a court of equity for the preservation of its streets and highways, and for the protection of the rights of the pub • lie…
2Cases cited2 opinions
- Moore v. . City of AlbanyNew York Court of Appeals · 1885
- Village of Oxford v. . WilloughbyNew York Court of Appeals · 1905
3Cited by26 opinions
- New York Trap Rock Corp. v. Town of ClarkstownNew York Court of Appeals · 1949
- San Jacinto Sand Co. v. Southwestern Bell Telephone Co.Court of Appeals of Texas · 1968
- New York Steam Co. v. . Foundation Co.New York Court of Appeals · 1909
- Soon Duck Kim v. City of New YorkNew York Court of Appeals · 1997
- Gulf, M. N. R. Co. v. HavardSupreme Court of Alabama · 1928
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