Town of Clarendon v. Medina Quarry Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Medina Quarry Company, from a judgment -of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orleans on the 22d day of April, 1904, upon the decision of the court, rendered after a trial at an adjourned term of the Orleans Special Term, granting an injunction against the defendant,' and also from an order entered in said clerk’s office on the 10th day of June, 1904, denying the defendant’s motion to…
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Appeal by the defendant, the Medina Quarry Company, from a judgment -of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orleans on the 22d day of April, 1904, upon the decision of the court, rendered after a trial at an adjourned term of the Orleans Special Term, granting an injunction against the defendant,' and also from an order entered in said clerk’s office on the 10th day of June, 1904, denying the defendant’s motion to modify said judgment and for other relief.
1Opinion of the Court
Williams, J.:
The judgment and order should be modified as hereinafter indb pated, and as modified affirmed, without cogts to either party,
*219The defendant was organized in March, 1902, and is engaged in the business of quarrying and selling Medina sandstone from quarries in the plaintiff town, and is, and since its organization has been, the owner in fee simple of a large tract of land in said town, in and upon which are valuable deposits of the sandstone before referred to. Extending across this tract of land in an easterly and westerly direction is a highway of said town, four rods wide. The…
2Cited by5 opinions
- Jones Cut Stone Co. v. StateNew York Court of Claims · 1957
- Town of Amherst v. Tide Water Oil Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1934
- Town of Albion v. RyanAppellate Division of the Supreme Court of the State of New York · 1922
- Dean v. CarrollNew York Supreme Court · 1913
- Informal Opinion No., New York Attorney General Reports1988