Pounds v. Lee Avenue Theatre Co.
New York Supreme Court
Trial- of issue of law upon demurrer to the complaint brought on by motion for judgment on the pleadings.
1Opinion of the CourtKapper, J.
Plaintiff sues as president of the borough of Brooklyn of the city of New York to restrain the defendant from maintaining an encroachment upon a public street in said borough. The encroachment complained of consists of a one-story building forty-five feet in length, which the complaint alleges extends into the public street beyond the building line and encroaches upon the highway six and one-half feet.
The title of the action is: “ Lewis II. Pounds, as President of the borough of Brooklyn, of the City of New York, Plaintiff, against Lee Avenue Theatre *624Company, Defendant.” The only duty which…
2Cases cited8 opinions
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- City of New York v. . RiceNew York Court of Appeals · 1910
- People ex rel. Mark Cross Co. v. AhearnAppellate Division of the Supreme Court of the State of New York · 1908
- City of New York v. Knickerbocker Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
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3Cited by1 opinion
- In re GilchristNew York Supreme Court · 1920