Legal Opinion
City of New York v. Third Avenue Railway Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 1942PublishedCited by 2 opinions
1Per curiam
Although the city cannot maintain an action in ejectment against the defendants, who have riparian rights over the city’s property (Child v. Chappell, 9 N. Y. 246; Burns Bros. v. City of New York, 178 App. Div. 615; affd., 232 N. Y. 523), it is not precluded thereby from recovering for use and occupation to the extent that such use by the defendants exceeds their ripariari rights. (Matter of City of New York [Neptune Avenue], 254 App. Div. 690; affd., 280 N. Y. 604; City of New York v. Wilson & Co., 278 id. 86.)
The defendant Third Avenue Railway Company as riparian owner, and the defendant…
2Cases cited8 opinions
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- Child v. . ChappellNew York Court of Appeals · 1853
- People v. . Steeplechase Park Co.New York Court of Appeals · 1916
- Matter of Del Balso H. Corp. v. McKenzieNew York Court of Appeals · 1936
- Burns Bros. v. . the City of New YorkNew York Court of Appeals · 1921
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brusco Towboat Co. v. State Ex Rel. State Land BoardOregon Supreme Court · 1978
- City of New York v. Third Avenue Railway Co.New York Court of Appeals · 1945