Diack v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, George A. Diack and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 20th day of May, 1916, upon a dismissal of the complaint on the merits by direction of the court at the close of the case.
1Opinion of the Court
Jenks, P. J.:
The action is ejectment. The realty of the plaintiffs was directly affected by two proceedings in eminent domain. First, the city condemned the perpetual underground easement, and second, the fee simple absolute, free from all liens and incumbrances. The second proceeding was affirmed by us in Matter of Public Service Commission (167 App. Div. 908), and by the Court of Appeals in 217 New York, 61.
I am of opinion that the action of ejectment does not lie, in that it is a collateral attack upon a judgment. (Chesapeake & Western R. Co. v. Washington, Cincinnati & St. Louis Ry. Co.,…
2Cases cited7 opinions
- Chesapeake & Western Railroad v. Washington, Cincinnati & St. Louis Railway Co.Supreme Court of Virginia · 1901
- Dolan v. . Mayor, Etc.New York Court of Appeals · 1875
- Burke v. City of KansasSupreme Court of Missouri · 1893
- Atchison & Nebraska Railroad v. ForneyNebraska Supreme Court · 1892
- Farrington v. Mayor of City of New YorkNew York Supreme Court · 1894
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