Tolkon v. Otto E. Reimer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Tolkon, from a judgment of the Supreme Court in favor of. the defendant, entered in the office of the clerk ot the county of Kings on the 11th day of February, 1907, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Kings County Trial Term.
1Opinion of the Court
Miller, J.:
The plaintiff was obstructing the street for the purpose of vending his wares. It cannot be doubted that that was an unlawful encroachment upon the street, for it was not in any sense a legiti*696mate street use. Section 50 of the city charter (Laws of 1901, chap. 466) provides, amoug other things, that “ the board of aider-men shall not have power to authorize the placing or continuing of any encroachment or obstruction upon any street or sidewalk, except the temporary occupation thereof during the erection or repairing of a building on a lot opposite the same.” (See, also, Cohen v.…
2Cases cited3 opinions
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Banks v. Highland Street Railway Co.Massachusetts Supreme Judicial Court · 1884
- Lyons v. AvisAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Collender v. ReardonAppellate Division of the Supreme Court of the State of New York · 1910
- Collender v. ReardonAppellate Terms of the Supreme Court of New York · 1910