Biggs v. . Sea Gate Assn.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 11, 1912, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in . the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 11, 1912, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in . the opinion. The plaintiff, by virtue of succeeding to the rights of James McAlley, acquired an absolute right to use the streets, sewers and water mains at Sea Date, because the Norton Point Land Company represented such utilities as appurtenant to all lots…
1Opinion of the CourtMiller, J.
This action was brought to enjoin the defendant from cutting off the connection of plaintiff’s residence with its sewer and water pipes. The Appellate Division reversed on the law. A brief statement of some of the essential facts found by the trial court will conduce to a proper understanding of the question of law involved. In 1892 the Norton Point Land Company was incorporated. It acquired and undertook the development of the land on the western point of Coney Island, now known as Sea Gate. For that purpose it laid out streets and installed sewer and water systems. It filed in the office of…
2Cases cited8 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Reis v. . City of New YorkNew York Court of Appeals · 1907
- Lord v. . AtkinsNew York Court of Appeals · 1893
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3Cited by9 opinions
- Heyman v. . BiggsNew York Court of Appeals · 1918
- Drabinsky v. Seagate AssociationNew York Court of Appeals · 1925
- Perrin v. Bayville Village BoardAppellate Division of the Supreme Court of the State of New York · 2010
- Moubray v. G. & M. Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Nieto v. CerasoAppellate Division of the Supreme Court of the State of New York · 1987
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