Legal Opinion

New Atlantic Garden, Inc. v. Atlantic Garden Realty Corp.

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

Decided May 5, 1922PublishedCited by 33 opinions

Appeal by the defendant, Atlantic Garden Realty Corporation, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of November, 1920, upon the decision of the court rendered after a trial at the New York Special Term, as resettled by an order entered in said clerk’s office on the 29th day of November, 1920, excepting so much of the judgment as provides that the first and third causes of…

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Appeal by the defendant, Atlantic Garden Realty Corporation, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of November, 1920, upon the decision of the court rendered after a trial at the New York Special Term, as resettled by an order entered in said clerk’s office on the 29th day of November, 1920, excepting so much of the judgment as provides that the first and third causes of action contained in the amended complaint be dismissed upon the merits.

1Opinion of the Court

Merrell, J.:

The defendant, Atlantic Garden Realty Corporation, is the owner of a parcel of real property, being Nos. 50, 50]? and 52 Bowery, borough of Manhattan, New York city, and having a frontage of seventy-five feet on said street and extending westerly about two hundred feet to Elizabeth street, where it has a frontage of seventy-four feet ten and three-fourths inches, the Elizabeth street numbers of said property being 22, 24 and 26. The southerly part of the property is occupied by a moving picture theatre forty-nine feet six and three-fourths inches in width on the Bowery and…

2Cited by33 opinions

  1. Atlantic Refining Co. v. Wyoming National BankSupreme Court of Pennsylvania · 1946
  2. Guaclides v. KruseNew Jersey Superior Court Appellate Division · 1961
  3. Gyurkey v. BablerIdaho Supreme Court · 1982
  4. Riley v. Campeau Homes (Texas), Inc.Court of Appeals of Texas · 1991
  5. Ollie v. RainboltSupreme Court of Oklahoma · 1983

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