Andrews v. Cohen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Cohen, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 26th day of March, 1914, granting plaintiff’s prayer for a mandatory injunction preventing interference with his right of way and directing the removal of the defendant’s structures thereon pursuant to the decision of the court after a trial at the Dutchess Special Term.
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Appeal by the defendant, George Cohen, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 26th day of March, 1914, granting plaintiff’s prayer for a mandatory injunction preventing interference with his right of way and directing the removal of the defendant’s structures thereon pursuant to the decision of the court after a trial at the Dutchess Special Term. Also an appeal by the defendant, George Cohen, by a separate record, from an order of the Supreme Court, made at the Dutchess Special Term and entered in…
1Opinion of the Court
Putnam, J.:
Plaintiff, a hardware merchant at Poughkeepsie, is the owner of a lot on the north side of Main street, running back about *582266 feet, upon the front of which is his store, and along the rear he has storehouses for agricultural implements and other merchandise.
By express grants, he has a right of way running westerly across from these rear buildings to an alleyway, which, running southerly, leads out upon Main street some distance to the westward of his store. This right-angled passageway was about 263% feet in length, of. varying widths. It passed through a shed or loft in which…
2Cases cited4 opinions
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- Gray v. Manhattan Railway Co.New York Court of Appeals · 1891
- Batchelor v. . HinkleNew York Court of Appeals · 1914
- Batchelor v. HinkleAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Andrews v. CohenAppellate Division of the Supreme Court of the State of New York · 1914
- Andrews v. CohenAppellate Division of the Supreme Court of the State of New York · 1914
- Mancini v. KaminskiAppellate Division of the Supreme Court of the State of New York · 1979