Legal Opinion

Williams v. . Gallatin

New York Court of Appeals

Decided June 11, 1920PublishedCited by 83 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 10, 1920, affirming a judgment in favor of defendants entered upon an order of the court at Special Term granting a motion for judgment on the pleadings and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 10, 1920, affirming a judgment in favor of defendants entered upon an order of the court at Special Term granting a motion for judgment on the pleadings and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint states a cause of action under the provisions of section 51 of the General Municipal Law and section 1925 of the Code of Civil Procedure. (Bush v. Coler, 60 App. Div. 56; 170 N. Y.…

1Opinion of the CourtPound, J.

The plaintiff, a taxpayer, seeks to enjoin the defendant New York city park commissioner from executing a lease of the Arsenal Building in Central Park to the other defendant, Safety Institute of America, for a term of ten years, upon the ground that the use of the premises by the tenant for the purposes expressed in the lease is contrary to the Greater New York charter in that it is foreign to park purposes. The complaint alleges that Central Park is a public park, owned by the city of New York; that the Arsenal Building is located in Central Park, and is a part thereof, and is intended for…

2Cases cited8 opinions

  1. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  2. Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
  3. Spires v. City of Los AngelesCalifornia Supreme Court · 1906
  4. Village of Riverside v. MacLainIllinois Supreme Court · 1904
  5. Perrin v. . New York Central Railroad Co.New York Court of Appeals · 1867

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3Cited by83 opinions

  1. Van Cortlandt Park v. City of New YorkNew York Court of Appeals · 2001
  2. Miller v. City of New YorkNew York Court of Appeals · 1964
  3. Williams v. Town of MorristownCourt of Appeals of Tennessee · 1949
  4. Anderson v. ThomasSupreme Court of Louisiana · 1928
  5. Capruso v. Village of Kings PointNew York Court of Appeals · 2014

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