Legal Opinion
Merritt Manor Estates, Inc. v. Village of Elmsford
New York Supreme Court
Decided June 7, 1961PublishedCited by 6 opinions
1Opinion of the CourtJames D. Hopkins, J.
The plaintiff has sued the Village of Elmsford, and the members of the Board of Trustees of the Village (hereinafter called “ the Village ”) for an injunction restraining the Village from maintaining a barricade presently existing at the junction of South Hillside Avenue and Greenwood Lane, and for money damages arising from the maintenance of the barricade. At the trial, the plaintiff abandoned its claim for money damages.
The issues throw into bold relief the conflict between the rights of a landowner and member of the traveling public and the powers granted to a municipality to exercise…
2Cases cited33 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . KerrNew York Court of Appeals · 1863
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Reis v. . City of New YorkNew York Court of Appeals · 1907
28 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- BBJ Associates, LLC v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
- Baker v. Village of ElmsfordAppellate Division of the Supreme Court of the State of New York · 2009
- Red Apple Rest, Inc. v. StateNew York Court of Claims · 1965
- Syosset Industrial Builders, Inc. v. Town of Oyster Bay Highway DepartmentAppellate Division of the Supreme Court of the State of New York · 1965
- Ledogar v. City of New YorkNew York Supreme Court · 1966
1 more not listed; retrieve them via the Exa API.