Southern Leasing Co. v. . Ludwig
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 1,1915, which reversed an order of Special Term denying a motion for an in j unction, pendente lite.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 1,1915, which reversed an order of Special Term denying a motion for an in j unction, pendente lite. The following questions were certified: “1. Does the complaint state facts sufficient to constitute a cause of action ? 2. Can the plaintiff as a taxpayer and without alleging special damage maintain an action to enjoin the defendant Alfred Ludwig, as superintendent of buildings, from permitting the sign or structure described in the complaint from being erected,…
1Opinion of the CourtCardozo, J.
This is a taxpayer’s action under section 51 of the General Municipal-Law (Cons. Laws, ch. 24).' The Mecca Realty Company is the lessee of a building in the city of New York. In February, 1914, it filed a plan for-the erection on the roof of a sign 141 feet high. The plan was approved by the superintendent of buildings and a permit granted. Before anything was done under this permit, the board of aldermen, in May, 1914, adopted an ordinance -limiting the height of signs on the roofs of buildings to 75 feet. The Mecca Realty Company after-wards and in December, 1914, leased the roof to the O.…
2Cases cited8 opinions
- In Re DebsSupreme Court of the United States · 1895
- Schieffelin v. Valentine KomfortNew York Court of Appeals · 1914
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- Altschul v. . LudwigNew York Court of Appeals · 1916
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- The State of New York v. Shore Realty Corp. And Donald LeograndeCourt of Appeals for the Second Circuit · 1985
- Klostermann v. CuomoNew York Court of Appeals · 1984
- Kane v. WalshNew York Court of Appeals · 1946
- Campbell v. City of New YorkNew York Court of Appeals · 1927
- Rice v. Van VrankenNew York Supreme Court · 1928
43 more not listed; retrieve them via the Exa API.