Legal Opinion

Appleton v. City of New York

New York Supreme Court

Decided May 15, 1913Published

Action to determine rights of parties to vault space under sidewalk and for an injunction.

1Opinion of the CourtGbeenbaum, J.

The plaintiffs are trustees under the last will and testament of James E. Cooley, deceased, and as such hold the legal title and possession of the premises situated at the northwest comer of Cortlandt street and Broadway, known as No. 173 Broadway. In or about the year 1868 certain vaults were constructed appurtenant to said premises, extending into the roadway of Cortlandt street, and they have been used as such since the date of such construction. The city of New York, through its commissioner of public works, has demanded that plaintiffs comply with the ordinances hereinafter referred to…

2Cases cited6 opinions

  1. Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
  2. Babbage v. . PowersNew York Court of Appeals · 1891
  3. Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
  4. People v. JarvisAppellate Division of the Supreme Court of the State of New York · 1897
  5. Mott v. . EnoNew York Court of Appeals · 1905

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