W. P. Tanner-Gross & Co. v. City of New York

The appellant has an adequate remedy at law. The questions it seeks to have decided in this action may all be determined in the condemnation proceeding which plaintiff seeks to enjoin (Matter of Mayor, 22 App. Div. 124; Hooker v. City of Rochester, 57 id. 530; affd., 172 N. Y. 665; Matter of City of Rochester [In re Neun], 102 App. Div. 99.) In such condemnation proceeding an appeal may be taken from the order overruling plaintiff’s objections, and upon such appeal all proceedings may be stayed. (Matter of Mayor, supra; Hooker v. City of Rochester, supra; Matter of City of Rochester [In re…