New York Central & Hudson River Railroad v. Haffen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The New York Central and Hudson River Railroad Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the.28th day of July, 1897, denying the plaintiff's motion for leave ■ to serve a supplemental complaint.
1Opinion of the Court
O’Brien, J.:
This action was begun by the service of a summons, complaint, temporary injunction and notice of motion to make it permanent. This motion was subsequently denied and the injunction dissolved, and an appeal taken from the order thereon was affirmed, upon the ground that the filing of a. map by municipal authorities, showing streets through property, does not create a cloud on title and does not justify the owner of property in applying for an injunction *378pendente lite to restrain the municipal officers from so doing. (90 Hun, 260.) By the supplemental complaint, for leave to serve…
2Cases cited2 opinions
- Fleischmann v. . BennettNew York Court of Appeals · 1880
- New York Cent. & H. R. R. v. HaffenNew York Supreme Court · 1895
3Cited by2 opinions
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1904
- Bell Telephone Co. v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900