Ledogar v. City of New York

James A. Roe, Jr., J.

This is an action for an injunction requiring defendant to remove its bus shelter, which is situate on the sidewalk directly in front of plaintiffs’ property and for damages. The property fronts on Parsons Boulevard, a main thoroughfare on which there is a good deal of bus and pedestrian traffic. The bus shelter, erected in January, 1963, is a large metal and fiber glass structure and the city does not deny that it is intended to be a permanent structure. Plaintiffs move to strike defendant’s answer and to direct that a hearing be held to assess the amount of damages.…