Town of Hempstead v. Lawrence
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Newbold T. Lawrence, individually and as executor, etc., and others, from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Nassau on the 15th day of February, 1910, denying the said' defendants’ motion to dismiss the action on the ground that it was commenced without authority.
1Opinion of the Court
Burr, J.:
This action was commenced in December, 1907. Its purpose was, among other things, to enjoin repeated trespasses by defendants or some of them upon property which plaintiff claimed to own in fee. Defendants appeared generally in the action and demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled. An appeal was taken to. this court, and on June 18, 1909, the interlocutory judgment was. affirmed (133 App. Div. 933). Thereafter defendants moved to -dismiss the action “ as having been brought without…
2Cases cited11 opinions
- Markey v. . County of QueensNew York Court of Appeals · 1898
- Bridges v. . B'd Supervisors of Sullivan Co.New York Court of Appeals · 1883
- Gilmore v. . City of UticaNew York Court of Appeals · 1890
- Cornell v. Town of GuilfordCourt for the Trial of Impeachments and Correction of Errors · 1845
- Denton v. JacksonNew York Court of Chancery · 1817
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3Cited by6 opinions
- Tuma v. PiepenbrinkAppellate Division of the Supreme Court of the State of New York · 1914
- Tuma v. PiepenbrinkNew York Supreme Court · 1912
- Dunn v. Town of WhitestownDistrict Court, N.D. New York · 1911
- Orange County Legislature v. DianaNew York Supreme Court · 2013
- Saile v. EdellNew York Supreme Court · 1916
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