Legal Opinion
People ex rel. East Side Harlem Storekeepers Ass'n v. Hylan
New York Supreme Court
Decided March 15, 1922PublishedCited by 5 opinions
Application for an order in the nature of a peremptory mandamus.
1Opinion of the CourtBijub, J.
This is an application for an order in the nature of a peremptory mandamus directing the appropriate authorities of the city to remove and abate the pushcart market now maintained between the hours of nine a. m. and five p. m. on Park avenue, between One Hundred and Eleventh and One Hundred and Sixteenth streets, under the authority of the board of aldermen. The application is made jointly by a property owner and by an association of occupants of stores along the avenue at the point where the market is located. It is, of course, axiomatic that ordinarily the municipality has no authority to…
2Cases cited16 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Matter of SteinwayNew York Court of Appeals · 1899
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
- People Ex Rel. Wood v. Board of Assessors & Collector of TaxesNew York Court of Appeals · 1893
- Tompkins v. SandsNew York Supreme Court · 1832
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3Cited by5 opinions
- Trio Distributor Corp. v. City of AlbanyNew York Court of Appeals · 1957
- Good Humor Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
- Kahabka v. SchwabAppellate Division of the Supreme Court of the State of New York · 1923
- Russo v. MorganNew York Supreme Court · 1940
- Ortiz v. MorganNew York Supreme Court · 1936