Smith v. . Smythe
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 18, 1909, which reversed an order of Special Term granting a motion for an injunction pendente Hie. The following questions were certified: '■'•First. Should the defendant be restrained from caring for the streets in Lawrence Park because in so doing he violates section 10 of article VIII of the Constitution of the State of New York. ' “ Second.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 18, 1909, which reversed an order of Special Term granting a motion for an injunction pendente Hie. The following questions were certified: '■'•First. Should the defendant be restrained from caring for the streets in Lawrence Park because in so doing he violates section 10 of article VIII of the Constitution of the State of New York. ' “ Second. Does chapter 93 of the Laws of 1907 violate section 18 of article III of the Constitution of the State of New York…
1Opinion of the Court
Cullen, Ch. J..The action is a taxpayer’s suit brought to restrain the street commissioner of the village of Bronxville from expending any of the moneys of the village upon certain streets (so called), located in a part of the village known as Lawrence park. The park, consisting of a tract of about 110 acres of land, was laid out by its owner, a corporation, in streets with building lots or villa plots fronting thereon. Many of these lots had been sold, and there are some 85 houses within the confines of the park. The streets of the park are but fourteen feet in width. The deeds from the…
2Cases cited7 opinions
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
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- Johnson v. . City of Niagara FallsNew York Court of Appeals · 1920
- In Re Acquiring Title to Wallace AvenueNew York Court of Appeals · 1917
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