Mahoney v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City, of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of December, 1910, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 23d day of December, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
Action to recover $1,533, paid by the plaintiff to the city of New York for the privilege of constructing vaults under a public street, on the ground that such payment was involuntary and under duress and protest.
The plaintiff in May, 1904, entered into a contract with the owner of certain real estate, situate at the comer of Hudson and Van Dam streets in such city, to remove old buildings therefrom and erect a new one thereon. .The contract also called for the construction under the sidewalk, adjacent to the building to be erected, of vaults covering over 2,000 square feet,…
2Cases cited5 opinions
- Babbage v. . PowersNew York Court of Appeals · 1891
- Deshong v. . City of New YorkNew York Court of Appeals · 1903
- Flower v. . LanceNew York Court of Appeals · 1875
- Wolff v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- Wolff v. . City of New YorkNew York Court of Appeals · 1904
3Cited by2 opinions
- Dietze v. Frank Hillman Realty Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Miners v. AusfresserCity of New York Municipal Court · 1917