City of New York v. Knickerbocker Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Knickerbocker Trust Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of-the county of New York on the 6th day of December, 1906, upon the decision of the court rendered after a-trial at the New York Special Term ; also from an order entered in said clerk’s office on the 4th day of December, 1906,. amending the complaint herein nunc pro tunc as of the date of trial; also from an order…
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Appeal by the defendant, The Knickerbocker Trust Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of-the county of New York on the 6th day of December, 1906, upon the decision of the court rendered after a-trial at the New York Special Term ; also from an order entered in said clerk’s office on the 4th day of December, 1906,. amending the complaint herein nunc pro tunc as of the date of trial; also from an order entered in said clerk’s office on the 6,th day of December, 1906, denying the defendant’s motion to resettle said order…
1Opinion of the Court
Scott, J. ,:
The action as originally commenced and as the.complaint stood until after the trial had been completed, sought the removal only of so much of the defendant’s steps on Fifth avenue and of the areaway on Thirty-fourth street as extended beyond the stoop line established by the ordinance of March 15, 1897. In so far as concerns these obstructions the question was settled-, so far as this court •is concerned, by the unanimous opinion delivered upon the affirmance of the interlocutory judgment overruling defendant’s demurrer to the complaint, and nothing need be added to that opinion…
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