McMillan v. Klaw & Erlanger Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel McMillan, from a final judgment of the Supreme Court in favor of-the defendant, entered in the office of the clerk of the county of.
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Appeal by the plaintiff, Samuel McMillan, from a final judgment of the Supreme Court in favor of-the defendant, entered in the office of the clerk of the county of. New York on the 10th day of ■December, 1904, pursuant to an' interlocutory judgment, entered in said1, cl'erk’s office.on 'the 3d_ day of September; 1904, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the supplemental answer of the defendant, with'notice of an intention to bring up for review upon such appeal the.said interlocntory judgment pursuant to…
1Opinion of the Court
O’Brien, J.:
This action was brought by an owner of property situate on Forty-•second street in the city of New York,, to restrain the defendant as owner of the adjacent lot from erecting as a part of its building, thereon a structure about forty-five feet In height, and extending into the street four feet beyoud the building lin.e..
The? defendant, interposed a supplemental! answer by which- it set up as- a defense1 an ordinance passed" by the-board1’of ald’ermem-of the city of New York subsequent to the commencement of the action, which ordinance it is claimed sanctioned apd legalized the'…
2Cases cited14 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . KerrNew York Court of Appeals · 1863
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Irvine v. . WoodNew York Court of Appeals · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Acme Realty Co. v. SchinasiAppellate Division of the Supreme Court of the State of New York · 1913
- City of New York v. Knickerbocker Trust Co.New York Supreme Court · 1906
- Brown-Brand Realty Co. v. Saks & Co.New York Supreme Court · 1926
- Leerburger v. WatsonNew York Supreme Court · 1911
- Hatfield v. StrausAppellate Division of the Supreme Court of the State of New York · 1907
7 more not listed; retrieve them via the Exa API.