Legal Opinion

People ex rel. O'Brien v. Keating

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1900PublishedCited by 1 opinion

Appeal by the defendant, James P. Keating, as commissioner of the department of highways of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of May, 1900, granting the relators’ motion for a peremptory writ of mandamus commanding the defendant to grant forthwith the relators’ application to open the street at Madison avenue and West Farms road,…

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Appeal by the defendant, James P. Keating, as commissioner of the department of highways of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of May, 1900, granting the relators’ motion for a peremptory writ of mandamus commanding the defendant to grant forthwith the relators’ application to open the street at Madison avenue and West Farms road, Westchester, borough of the Bronx, New York city.

1Opinion of the Court

Patterson, J.:

The relators, receivers of the New York and Westchester Water Company, were granted a peremptory writ of mandamus, requiring the defendant, commissioner of the department of highways of the city of New York, to grant forthwith an application made to him by them to open a street in the borough of the Bronx, New York city,, “ for the purpose of disconnecting, repairing, etc., the service pipe, connecting the residence of Mrs. A. R. Conklin, now Mrs. Henderson, with the main of the New York & Westchester Company, in. said street.” The defendant appeals from the order granting the…

2Cited by1 opinion

  1. In re Seaboard Telegraph & Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1902

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