Legal Opinion

Dailey v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 10, 1915PublishedCited by 19 opinions

Appeal "by the defendants, The City of New York and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 5th day of August, 1914, granting a permanent injunction upon the decision of the court after a trial at the New York Special Term.

1Opinion of the Court

McLaughlin, J.:

This action was brought to obtain an injunction restraining the defendants from interfering with the plaintiffs’ performance of a contract with the city of New York.for the disposal *269of ashes, street sweepings and rubbish in the boroughs of Manhattan and The Bronx. In performing the contract the plaintiffs made use of so-called dumping scows when the rubbish was dumped at sea. On March 25, 1914, they were notified by the superintendent of final disposition, acting under orders from the commissioner of the department of street cleaning, that on and after April 1, 1914, the city…

2Cases cited8 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
  3. Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
  4. Williams v. . BoyntonNew York Court of Appeals · 1895
  5. Erie Railroad Co. v. . City of BuffaloNew York Court of Appeals · 1904

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3Cited by19 opinions

  1. Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
  2. Destiny USA Holdings, LLC v. Citigroup Global Markets Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Leasco Corporation, Plaintiff-Respondent v. Peter T. TaussigCourt of Appeals for the Second Circuit · 1972
  4. Boston & Maine Railroad v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1933
  5. Lesron Junior, Inc. v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1961

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