Appleton v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from, a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 30th day of June, 1913, upon the decision of the court after a trial at the New York Special Term. The judgment enjoined defendant from enforcing as against plaintiffs certain ordinances by requiring the payment of compensation for the use of vault space.
1Opinion of the Court
Laughlin, J.:
The plaintiffs are the owners as tenants in common of premises situate on the northwesterly comer of Broadway and Cortlandt street, borough of Manhattan, New York, known as No. 173 Broadway; and they claim to be the owners of the fee to the center line of Cortlandt street adjacent thereto, subject to the public easements for street purposes. They concede that the city has the right to regulate their use of the street in front of their premises to the center line thereof for vaults or otherwise, but they contend that it has no right to compel them to pay for *682such use. The only…
2Cases cited24 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Babbage v. . PowersNew York Court of Appeals · 1891
- City of Buffalo v. . StevensonNew York Court of Appeals · 1913
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3Cited by3 opinions
- Rosenthal v. WestAppellate Division of the Supreme Court of the State of New York · 1948
- Dietze v. Frank Hillman Realty Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Matter of 201 C-Town LLC v. City of Ithaca, N.Y.Appellate Division of the Supreme Court of the State of New York · 2022