Ackerman v. True
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Clarence F. Trne, from a judgment of the Supreme Court in favor of the plaintiff,-entered in the office of the clerk of the county of New York oil the 2-lst day of January, 1905, upon the-decisión of .the court, rendered after a trial at the New York Special Term, directing a mandatory injunction, for the removal.of a nuisance.
1Opinion of the Court
Houghton, J.:
The action is brought to compel the removal of a nuisance, consisting of projections into the street of a building standing upon land owned by defendant at the time of bringing the action, with damages for its continuance on the ground that plaintiff suffers special damage to her adjoining premises thereby.
All the material facts appearing in the case are stated in the opinions on the appeals to this court (56 App. Div. 54; 71 id. 143) and in the opinion rendered in the Court of Appeals where all the main questions involved were settled in plaintiff’s favor. (175 N. Y. 353.) .
The…
2Cases cited5 opinions
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Wormser v. . BrownNew York Court of Appeals · 1896
- Hailey v. . AnoNew York Court of Appeals · 1893
- Ackerman v. TrueAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Braunston v. Anchorage Woods, Inc.New York Court of Appeals · 1961
- People ex rel. Ackerman v. StoverAppellate Division of the Supreme Court of the State of New York · 1910
- State v. Ole Olsen, Ltd.New York Supreme Court · 1971
- Burrow v. MarceauAppellate Division of the Supreme Court of the State of New York · 1909