Legal Opinion
Blanshard v. City of New York
New York Court of Appeals
Decided May 23, 1933PublishedCited by 31 opinions
1Opinion of the CourtCrane, J.
The Appellate Division has certified four questions to this court, all of which relate to the sufficiency of the complaint. As we have said in other cases of this nature, the allegations pleaded are assumed to be true, whereas, upon a trial, the plaintiff’s proof may fall far short of establishing them as facts. The main point argued and briefed is the right of a taxpayer, under section 51 of the General Municipal Law (Cons. Laws, ch. 24), to maintain an action to restrain the use of the streets of the city of New York by the Brooklyn Bus Corporation, which is attempting to operate under a…
2Cases cited17 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
- Matter of Walsh v. LaguardiaNew York Court of Appeals · 1936
- Starburst Realty Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
- Loos v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1939
- Lanza v. New York State Joint Legislative Committee on Government OperationsNew York Court of Appeals · 1957
26 more not listed; retrieve them via the Exa API.