Duryee v. . Mayor, Etc., of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 26, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 26, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The case is reported on a former appeal in 62 27. T. 592. The plaintiff had no right of action in respect of any interference by the defendant with the filling placed on the lots without consent of the common council. (26 Hun, 120-130.) An owner of real estate is never put to the alternative of either…
1Opinion of the Court
Bttgek, Ch. J.
This action was brought to recover the damages occasioned by an eviction from and injury to the lands of the plaintiff through the alleged unlawful conduct of the defendant, and would, under the former system of pleading, have been denominated an action of trespass on the case. The premises in question were water lots in the East river adjoining the lands between Thirty-fourth and Thirty-sixth streets in the city of New York, .and were sold by it for the purpose of filling and using as land for the extension of streets thereon, and the erection of wharves, piers and buildings…
2Cases cited12 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Holmes v. . CarleyNew York Court of Appeals · 1865
- State v. WheelerSupreme Court of Connecticut · 1856
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3Cited by51 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- People Ex Rel. Devery v. . ColerNew York Court of Appeals · 1903
- In Re Acquiring Title by the City of New YorkNew York Court of Appeals · 1916
- Oldfield v. Stoeco Homes, Inc.Supreme Court of New Jersey · 1958
- Kim v. Town of OrangetownNew York Supreme Court · 1971
46 more not listed; retrieve them via the Exa API.