Legal Opinion
Village of Great Neck Estates v. Rose
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1951PublishedCited by 9 opinions
1Opinion of the Court
*672In our opinion respondent “ permitted ” the premises in question to be used as a parking space, since he suffered such use, or tacitly consented thereto, by failing to adopt measures effective to prevent it, although such measures were within his power and duty. (Cf. People v. Knapp, 206 N. Y. 373, 384; People ex rel. Price v. Sheffield Farms Co., 180 App. Div. 615, affd. 225 N. Y. 25, and People v. Harrison, 183 App. Div. 812.) The fact that the judgment did not specifically require respondent to erect a fence or barrier did not constitute a holding that he might fail to adopt such an…
2Cases cited4 opinions
- People Ex Rel. Price v. Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1918
- People v. . KnappNew York Court of Appeals · 1912
- People ex rel. Price v. Sheffield Farms-Slawson-Decker Co.Appellate Division of the Supreme Court of the State of New York · 1917
- People v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by9 opinions
- D.D. v. M.T.District of Columbia Court of Appeals · 1988
- Ellenberg v. BrachAppellate Division of the Supreme Court of the State of New York · 1982
- D.D. v. M.T.District of Columbia Court of Appeals · 1988
- Dd v. MtDistrict of Columbia Court of Appeals · 1988
- In Re WarnerDistrict of Columbia Court of Appeals · 2006
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