Penfield v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, WilliamW. Penfield, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of October, 1906, vacating a temporary injunction theretofore granted herein and denying a motion for an injunction pendente lite.
1Opinion of the Court
Scott, J.:
■ There' is a portion of the borough of The Bronx known as the Wakefield section, which is within the territory east of the Bronx river, which was annexed to the city of New York in 1895. This territory includes the former village of Wakefield, and which village included a street known as Becker avenue. At the time said territory was so annexed to the city of New York the authorities of such village were engaged in the work of laying a drain or sewer pipe through said Becker avenue, which was designed for surface water drainage only. The pipe was completely laid at the time of such…
2Cases cited3 opinions
- Sammons v. . City of GloversvilleNew York Court of Appeals · 1903
- Hentz v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1903
- Cox v. City of New YorkNew York Supreme Court · 1898
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- City of New York v. WatkinsDistrict Court, District of Columbia · 1991