Brill v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Solomon Brill, 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 5th day of August, 1910, denying the plaintiff’s motion for an injunction pendente lite and vacating an injunction heretofore granted.
1Opinion of the Court
J.:
This is a taxpayer’s action for an injunction to restrain the defendant Miller, superintendent of buildings of the borough of Manhattan, from approving plans for the erection of a building now said to be used as a theater. The questions involved call for a consideration of sections 109 and 109a of the Building Code, which Code went into effect in 1899, and superseded all earlier building laws relating to the city of New York. At the time the Building Code went into effect, and when it was amended in 1904 and 1906, there had been erected and was in use on the lots known as Nos. 134 and 136…
2Cases cited8 opinions
- Ziegler v. . ChapinNew York Court of Appeals · 1891
- Peck v. . BelknapNew York Court of Appeals · 1892
- Rogers v. . O'BrienNew York Court of Appeals · 1897
- Davenport v. MagoonOregon Supreme Court · 1884
- Queens County Water Co. v. MonroeAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by15 opinions
- Altschul v. . LudwigNew York Court of Appeals · 1916
- Aldrich v. City of New YorkNew York Supreme Court · 1955
- Daly v. HaightAppellate Division of the Supreme Court of the State of New York · 1915
- Paliotto v. Town of IslipNew York Supreme Court · 1962
- Blanshard v. City of New YorkNew York Supreme Court · 1931
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