Legal Opinion

Knickerbocker Ice Co. v. Forty-Second Street & Grand Street Ferry Railroad

New York Court of Appeals

Decided November 10, 1903PublishedCited by 20 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July-22, 1903, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. 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 July-22, 1903, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Assuming the validity of the deed of 1852, according to its terms, the right of the plaintiff to equitable relief, based on the inadequacy of any remedy at law, cannot be seriously questioned, unless the rights of the plaintiff under the deed of 1852 be…

1Opinion of the CourtWerner, J.

Under claim of title to a pier and the lands occupied by it, at Forty-third street and the Hudson river, in the city of New York, the plaintiff herein commenced this action and obtained an injunction pendente lite, restraining the defendants from effecting certain harbor improvements projected, under legislative authority, by the city of New York. The decision of the trial court was in the short form and was adverse to the plaintiff. The judgment entered upon that decision has been unanimously affirmed by the Appellate Division. Many interesting questions have been most ably presented on both…

2Cases cited7 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
  3. Sage v. Mayor of New YorkNew York Court of Appeals · 1897
  4. People v. LambierNew York Supreme Court · 1847
  5. Matter of City of New YorkNew York Court of Appeals · 1901

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3Cited by20 opinions

  1. Appleby v. City of New YorkSupreme Court of the United States · 1926
  2. United States v. BenedictCourt of Appeals for the Second Circuit · 1922
  3. In re the City of New YorkNew York Supreme Court · 1936
  4. Matter of City of New York (Main St.)New York Court of Appeals · 1915
  5. Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1908

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