Legal Opinion

McCauslan v. City of New York

City of New York Municipal Court

Decided December 6, 1944PublishedCited by 3 opinions

1Opinion of the CourtBoneparth, J.

Motion by defendant to dismiss the complaint under rule 106 of the Buies of Civil Practice upon the ground that the complaint fails to state a cause of action.

The complaint alleges that the plaintiff is the owner of certain real property upon which, certain buildings were erected; that in 1936, the then owner of the property filed a plan for the alteration of the building from a store and two-family dwelling, to one for occupancy by three families, and did so alter the building; that in 1943, an application for a certificate of occupancy was’ made and the Superintendent of Buildings refused…

2Cases cited4 opinions

  1. Oeters v. City of New YorkNew York Court of Appeals · 1936
  2. Cummings v. LobsitzSupreme Court of Oklahoma · 1914
  3. Stubley v. Allison Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
  4. Kramer v. City of JeffersonMissouri Court of Appeals · 1939

3Cited by3 opinions

  1. Lockwood v. Village of Buchanan, New York County Courts1959
  2. Suffolk Outdoor Advertising Co. v. HulseAppellate Division of the Supreme Court of the State of New York · 1977
  3. Colonial Country Club, Inc. v. Village of EllenvilleNew York Supreme Court · 1985

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