Friedlander v. Condict
New York Supreme Court
Motion "by plaintiff for an injunction pendente lite, to enjoin the defendants from using Shinbone alley and Cross lane, running from Bleecker to Bond streets, between Broadway and the Bowery, in the borough of Manhattan, in the city of Eew York. Since the recent opening" of Elm street, one entrance to the alley is upon that street, instead of winding toward and opening upon Bleecker.
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Motion "by plaintiff for an injunction pendente lite, to enjoin the defendants from using Shinbone alley and Cross lane, running from Bleecker to Bond streets, between Broadway and the Bowery, in the borough of Manhattan, in the city of Eew York. Since the recent opening" of Elm street, one entrance to the alley is upon that street, instead of winding toward and opening upon Bleecker. The plaintiff owns Eos. 1, 2 and 3 Bond street, and the defendants’ property is on Bleecker. The alley is in the rear of both properties, which are valuable, and the privilege of using the alley for the loading…
1Opinion of the CourtMcAdam, J.
Under the claim for injunctive relief two questions come up: (1) The rights of the parties in Shinbone alley; (2) their rights in Cross lane. (1) As to Shinbone alley.— The plaintiff’s predecessor in title, William Israel, in 1825 caused a survey and map to be made of his property on the block in question on the southerly side of Bond street, upon which map the property was divided into lots and Shinbone alley laid out; and, in a writing recorded with the map and survey, the said Israel declared that the alley, “ as extending from Cross lane,” is laid out and appropriated to the lots fronting…
2Cases cited1 opinion
- Knabe v. LevelleThe Superior Court of the City of New York and Buffalo · 1892
3Cited by1 opinion
- Waters v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905