Heyman v. . Biggs
New York Court of Appeals
Appeal' from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 3, 1914, affirming a judgment in favor' of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The action was brought to restrain the defendants from maintaining a sewer pipe and connections on the lands of the plaintiffs.
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Appeal' from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 3, 1914, affirming a judgment in favor' of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The action was brought to restrain the defendants from maintaining a sewer pipe and connections on the lands of the plaintiffs. The defendant Biggs has died since the appeal herein was taken, but the opinion for convenience of statement has not taken that fact into consideration. The facts, so far as material, are stated in the opinion.…
1Opinion of the CourtChase, J.
In 1892 the Norton Point Land Company was organized as a corporation for the general purpose of purchasing, selling and improving real property. Between the years 1892 and 1897 it became seized and possessed of a large tract of land at Sea Gate on Coney Island. It caused the same to be surveyed, platted and blocked for the purpose of selling and disposing of the same. In 1896 it caused a map of said property to be made and it was filed in the office of the register of the county of Kings on the 16th day of June, 1897. The court at Special Term found: “Fourth'. That for the purpose of making…
2Cases cited7 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- Ogden v. . JenningsNew York Court of Appeals · 1875
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3Cited by41 opinions
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- U.S. Cablevision Corp. v. TheodoreuAppellate Division of the Supreme Court of the State of New York · 1993
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1932
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