Prime v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Yonkers, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 16th day of September, 1908, upon the decision of the court rendered after a trial, at the Westchester Special Term.
1Opinion of the Court
Jenks, J.:
The plaintiffs’ judgment was reversed by the Court of • Appeals (192 N. Y. 105). The defendant now appeals from plaintiffs’ judgment on the new trial then ordered. The action is in equity to enjoin á continuing nuisance and trespass, to restrain unlawful acts which affect plaintiffs’ premises and .to recover incidental damages. The judgment is for $9,000 damages to the plaintiffs’ premises. The parties by stipulation read in the testimony óf the first trial and gave.new testimony.' The Special Term has made findings like unto those - found on the first trial, but supplemented by…
2Cases cited15 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Lowery v. . ErskineNew York Court of Appeals · 1889
- McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
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3Cited by3 opinions
- Meekins v. KinsellaAppellate Division of the Supreme Court of the State of New York · 1912
- Salesian Society, Inc. v. Village of EllenvilleAppellate Division of the Supreme Court of the State of New York · 1977
- Wolfe v. Mosler Safe Co.Appellate Division of the Supreme Court of the State of New York · 1910