Barney v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles T. Barney, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of March, 1903, denying the plaintiff’s motion for a preliminary injunction.
1Opinion of the Court
Ingraham, J.:
This appeal is from an order of the Special Term denying a motion for an injunction restraining the defendants from further excavating, blasting or constructing the rapid transit tunnel for the underground railroad under Park avenue, adjacent to the plaintiff’s premises, or from continuing the work of tunnel construction in such a manner that the easterly side of the tunnel or of the excavation therefor shall be nearer to the building or house line than the tunnel described and shown in the routes and general plan adopted and approved by the defendants the rapid transit railroad…
2Cited by8 opinions
- Seitzman v. Hudson River AssociatesAppellate Division of the Supreme Court of the State of New York · 1987
- Metropolitan Transportation Authority v. Village of TuckahoeNew York Supreme Court · 1971
- City of Fort Dodge v. Fort Dodge Telephone Co.Supreme Court of Iowa · 1915
- In re Board of Rapid Transit Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1905
- Gendels v. Water Tunnel Contractors, Inc.New York Supreme Court · 1971
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