City of New York v. . Rice
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 9, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 9, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The city of New York brought this action to restrain the defendant Bice from maintaining, and to compel him to remove, a masonry wall about his property, at the southeast corner of 89th street and Biverside drive; which had been constructed beyond the house, or building, line and upon the public streets aforesaid. From the findings, made by the trial court, it…
1Opinion of the CourtGray, J.
The appellants concede that the permits granted by the municipal assembly and by the commissioner of parks, under which the wall in question was constructed beyond the house, and within the street, lines, were revocable; but they insist that, for want of a revocation by appropriate action, the permits remain in full force. Their contention is and, necessarily, must be, that there was authority, under the provisions of the city charter, in the governing body, or in this department of the municipality, to authorize a structure of this purely ornamental, or decorative, character. I think the…
2Cases cited8 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . KerrNew York Court of Appeals · 1863
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Hoey v. . GilroyNew York Court of Appeals · 1891
- Deshong v. . City of New YorkNew York Court of Appeals · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- People v. GrantNew York Court of Appeals · 1954
- Adams v. Commissioners of TrappeCourt of Appeals of Maryland · 1954
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
- City of Emporia v. HumphreySupreme Court of Kansas · 1931
- Lewis v. Pingree Nat. BankUtah Supreme Court · 1915
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