Suarez v. Manhattan Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action by Benigno S. Suarez against the Manhattan Railway Company and the Metropolitan Elevated Railway Company. The facts of this case are the same as in Suarez v. Railway Co., 15 N. Y. Supp. 222. Defendants appeal.
1Opinion of the CourtBarrett, J.
What we have said in the ease of Peter S. Suarez against the present defendants (15 N. Y. Supp. 222) covers all that we deem worthy of consideration in this case, with a single exception. The defendants here contend that the plaintiff is not entitled to an injunction until the expiration of the. term of an outstanding lease of the premises in question. The reverse of this contention was held in Macy v. Railway Co., 12 N. Y. Supp. 804. It is true that in that case there was an additional support for the ruling in a release and assignment of the easements from the tenant to the landlord. But…
2Cases cited4 opinions
- Knox v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
- Mortimer v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1890
- Suarez v. Manhattan Railway Co.New York Supreme Court · 1891
- Macy v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
3Cited by1 opinion
- Coleman v. National Surety Corp.Appellate Division of the Supreme Court of the State of New York · 1935