In re Herman
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Westchester county. Application, on relation of Morris S. Herman, for a peremptory mandamus against the common council of the city of Yonkers and others. , From an order granting the writ, the defendants appeal.
1Opinion of the CourtWillard Bartlett, J.
The record in this case discloses no legal reason why the respondent should not have his writ of mandamus. In Re Ludlow St., however, which we have decided at the' present term (62 N. Y. Supp. 42), it appears that a serious objection *45■exists to the validity of the street-opening proceeding on the part of the New York.Central & Hudson River Railroad Company, which that corporation has not yet been in a position to raise in such a manner as to obtain a judicial determination thereon. If the proceeding should hereafter be adjudged invalid at the instance of the railroad company, upon an…
2Cases cited1 opinion
- In re the Laying Out & Opening Ludlow StreetAppellate Division of the Supreme Court of the State of New York · 1900