Legal Opinion

Gushee v. City of New York

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

Decided June 15, 1899PublishedCited by 36 opinions

Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of March, 1899, upon the decision of the court rendered after a trial at the New York Special Term enjoining the defendant from interfering with the plaintiff in the conduct of a hotel in Riverside Park known as the “ Claremont,” and from in any way preventing him from enjoying the privileges…

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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of March, 1899, upon the decision of the court rendered after a trial at the New York Special Term enjoining the defendant from interfering with the plaintiff in the conduct of a hotel in Riverside Park known as the “ Claremont,” and from in any way preventing him from enjoying the privileges granted to him by an agreement of November 8, 1897, entered into between the plaintiff and The Mayor, Aldermen and…

1Opinion of the Court

Rumset, J.:

On the bank of the Hudson river, on the west side of the city of New York, is situated Riverside Park, and upon an eminence at the upper end of that park stands a building with stables and other outbuildings, which has been fitted up for a place of rest and refreshment for persons who have occasion to use the park. For somyears, and certainly as far 'back as 1892, the department of parks had granted the right to keep a; restaurant in the park either for a rental paid monthly, or for a certain portion of the receipts. In the month of March, 1896, the person who had been in…

2Cases cited8 opinions

  1. People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
  2. Coates v. Mayor, Aldermen, & Commonalty of New YorkNew York Supreme Court · 1827
  3. Richmond Co. Gas-Light Co. v. . MiddletownNew York Court of Appeals · 1874
  4. Ex parte TayloeNew York Supreme Court · 1825
  5. Equitable Co-Operative Foundry Co. v. HerseeNew York Court of Appeals · 1886

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3Cited by36 opinions

  1. Miller v. City of New YorkNew York Court of Appeals · 1964
  2. Haesloop v. City CouncilSupreme Court of South Carolina · 1923
  3. Harter v. City of San JoseCalifornia Supreme Court · 1904
  4. Vinson v. Greenburgh Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1968
  5. Williams v. HylanAppellate Division of the Supreme Court of the State of New York · 1928

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