City of New York v. . Brown
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. On December 31, 1901, the dock department of the city of New York granted a permit to the defendants, during the pleasure of the department, to use and occupy “ 200 feet of the south side of Old Slip Pier East, East River, and to construct a dumping board thereonat an annual fee or rental of one thousand dollars. Within a few days thereafter the…
1Opinion of the CourtWerner, J.
The defendants’ first contention is that the plaintiff has mistaken its remedy in seeking to recover damages for the unlawful use and occupation of the pier in question, and that it .should have brought an action on the undertaking given by these defendants in the action wherein they were plaintiffs and the city was defendant and in which the injunction above referred to was procured. We think the cases relied upon by the defendants to support that contention have no application here, because this is not a case in which the plaintiff’s right to damages arises out of the granting of an…
2Cases cited2 opinions
- Reisert v. . City of New YorkNew York Court of Appeals · 1903
- Brown v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by5 opinions
- In Re Spencer Kellogg & Sons, Inc.Court of Appeals for the Second Circuit · 1931
- Bedell Co. v. HarrisAppellate Division of the Supreme Court of the State of New York · 1930
- Big 4 Coal Co. v. Hocking Valley Ry. Co.Ohio Court of Appeals · 1919
- Gross v. ShieldsNew York Supreme Court · 1985
- Ward v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1948