ABC Freight Forwarding Corp. v. Leary

In this article 78 proceeding the petitioner moves for judgment prohibiting the respondents Police Department and Traffic Department of the City of New York, the Commissioners thereof, and the city, from interfering with the continued use and possession by the petitioner of certain space on the marginal street parallel with and approximately five feet inshore of the bulkhead in front of and to the south of Pier 67, North River.

It is alleged in the petition that — although the petitioner is entitled to uninterrupted occupancy of the subject space (upon several stated bases) — -the Traffic…