Legal Opinion

Altschul v. . Ludwig

New York Court of Appeals

Decided January 4, 1916PublishedCited by 70 opinions

Appeal, by permission, from an order of theAppellate Division of the Supreme Court in the first judicial department, entered October 15, 1915, which reversed an order of Special Term denying a motion for an injunction pendente lite to restrain the superintendent of buildings from approving plans for alteration of a theatre.

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Appeal, by permission, from an order of theAppellate Division of the Supreme Court in the first judicial department, entered October 15, 1915, which reversed an order of Special Term denying a motion for an injunction pendente lite to restrain the superintendent of buildings from approving plans for alteration of a theatre. The facts, so far as material, and the questions certified are stated in the opinion. ' • The board of examiners in reversing the decision of the superintendent of buildings, clearly acted within its jurisdiction. Its determination, -therefore, in no sense of the word, can…

1Opinion of the CourtSeabury, J.

The plaintiff, a taxpayer, brings this action against the superintendent of buildings of the borough of Manhattan, city of Eew York, for an injunction restraining him from approving certain plans and issuing a permit for the alteration and reconstruction of a building known as the Dewey Theatre in East Fourteenth street, in the borough of Manhattan". The owner and tenant of this property are parties to this action.

The building in question is a three-story non-fireproof building at present occupied as a theatre. As reconstructed the building is "designéd to have a seating capacity of 1,184.…

2Cases cited21 opinions

  1. Talcott v. . City of BuffaloNew York Court of Appeals · 1891
  2. Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
  3. People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
  4. The People v. . VanderbiltNew York Court of Appeals · 1863
  5. Ziegler v. . ChapinNew York Court of Appeals · 1891

16 more not listed; retrieve them via the Exa API.

3Cited by70 opinions

  1. Kaskel v. ImpellitteriNew York Court of Appeals · 1953
  2. Gaynor v. RockefellerNew York Court of Appeals · 1965
  3. Western New York Water Co. v. City of BuffaloNew York Court of Appeals · 1926
  4. Korn v. GulottaNew York Court of Appeals · 1988
  5. Southern Leasing Co. v. . LudwigNew York Court of Appeals · 1916

65 more not listed; retrieve them via the Exa API.

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