Long Island R.R. Co. v. . City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 8, 1909, which affirmed a final judgment entered upon a decision at Special Term sustaining a demurrer to the complaint. Atlantic avenue is one of the streets of the borough of Brooklyn in the city of New York, running from the East river in an easterly direction to the village of Jamaica.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 8, 1909, which affirmed a final judgment entered upon a decision at Special Term sustaining a demurrer to the complaint. Atlantic avenue is one of the streets of the borough of Brooklyn in the city of New York, running from the East river in an easterly direction to the village of Jamaica. Flatbush avenue crosses Atlantic avenue at a distance of 1.427 miles from the river. The plaintiffs’ railroad commences at this point and runs easterly through the center of Atlantic…
1Opinion of the CourtWerner, J.
This case comes to this court on appeal from an order of the Appellate Division in the second department, affirming a final judgment entered at Special Term which sustained a demurrer to the complaint. The allegations of the complaint, which are extremely voluminous, have been epitomized in the foregoing statement of facts. The plaintiffs are two railroad corporations; the Nassau Electric Railroad Com¡rany, which is the owner and lessor, and the Long Island Railroad Company which is the operator and lessee of the railroad which runs through Atlantic avenue in the borough of Brooklyn. The…
2Cases cited1 opinion
- Matter of Long Island R.R. Co.New York Court of Appeals · 1907
3Cited by5 opinions
- People ex rel. Long Island Railroad v. State Board of Tax CommissionersAppellate Division of the Supreme Court of the State of New York · 1912
- Hamburger v. Cornell UniversityNew York Supreme Court · 1917
- Holbrook, Cabot & Rollins Corp. v. City of New YorkDistrict Court, S.D. New York · 1921
- Long Island Railroad v. SherwoodNew York Supreme Court · 1912
- Rudiger v. . ColemanNew York Court of Appeals · 1910