American Ice Co. v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 12, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 12, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The right of the plaintiff to maintain a pier at the foot of West Forty-third street of dimensions at least equal to those of the original pier granted by the city to Lindsley, is no longer open to question. (Knickerbocker Ice Co. v. F. S. St. Ry. Co., 176 N. Y. 408; Matter of…
1Opinion of the CourtHogan, J.
This action was brought by plaintiff to restrain the defendants from constructing a pier at the foot of West Forty-third street, North river, in the city of New York, so as to interfere with the right of the plaintiff to maintain a pier at that point. This appeal presents for review the record of the second trial of the action. At the close of the case upon the first trial the complaint was dismissed. From the judgment entered an appeal was taken by plaintiff to the Appellate Division. The judgment was affirmed. Upon appeal to this court, the judgment was reversed and a new trial granted.…
2Cases cited3 opinions
- Knickerbocker Ice Co. v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1903
- Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1908
- American Ice Company v. . City of New YorkNew York Court of Appeals · 1908
3Cited by5 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- Matter of City of N.Y. (Piers Old Nos. 8-11)New York Court of Appeals · 1920
- Appleby v. . City of New YorkNew York Court of Appeals · 1923
- Appleby v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1922
- City of New York v. MazzellaAppellate Division of the Supreme Court of the State of New York · 2008