Consumers Coal & Ice Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The City of New York and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Richmond on the 10th day of January, 1918, granting an injunction pendente lite.
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Appeal by the defendants, The City of New York and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Richmond on the 10th day of January, 1918, granting an injunction pendente lite. The plaintiff owns land under water, 100 feet wide, extending into New York bay from the foot of Medway street, and on it has a pier 40 feet in width, the northerly side of which is 10 feet from the northerly line of the land. Measuring from the east line of Front street, plaintiff’s pier extends about 1,500 feet into the bay,…
1Per curiam
The plaintiff asserts that it is entitled to have a clear water space of 100 feet on each side of its pier, and the defendants have been restrained from building a rack on such northerly side of plaintiff’s land and a similar rack on the southerly side thereof “ at a distance in violation of their line or water front as heretofore fixed by the. Sinking Fund Commission of the said City of New York, on March 16th, 1916,” which required the slips or basins to be 275 feet in width. The order is broader than the plaintiff’s present contention that slips should be 100 feet wide. Indeed, plaintiff…
2Cases cited3 opinions
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
- Jenks v. MillerAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by9 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- Huguenot Yacht Club v. LionNew York Supreme Court · 1964
- Union Ferry Co. v. FairchildAppellate Division of the Supreme Court of the State of New York · 1920
- New York Dock Co. v. Flinn-O'Rourke Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Appleby v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1922
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