Legal Opinion

City of New York v. de Peyster

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1907PublishedCited by 8 opinions

■ Appeal by the defendant,' Waltér J. Salomon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of. New Yorlc-on the 1st ..day of August, 1906, upon'the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

Laughlin, J.:

This is an action by the city to restrain the continuance of a nuisance caused by an' encroachment upon the sidewalk of Forty-second street, at the northwest corner of Forty-second street and Sixth avenue in the borough of Manhattan, ¡N ew York, and for a mandatory injunction requiring the abatement thereof, and that the side-walk be restored by the defendants, and in the event of their failure so to do, that the nuisance may be abated and the sidewalk restored by the city at their expense.

The appellant is the lessee of the premises at the northwest corner of Forty-second street…

2Cases cited13 opinions

  1. People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
  2. Ackerman v. . TrueNew York Court of Appeals · 1903
  3. Driggs v. . PhillipsNew York Court of Appeals · 1886
  4. Village of St. Johns v. McFarlanMichigan Supreme Court · 1875
  5. City of New York v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906

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3Cited by8 opinions

  1. Matter of Green v. MillerNew York Court of Appeals · 1928
  2. Green v. MillerNew York Court of Appeals · 1928
  3. Town of Mount Pleasant v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1921
  4. Appleton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
  5. City of New Rochelle v. New Rochelle Coal & Lumber Co.New York Supreme Court · 1913

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