Appleton v. . City of New York
New York Court of Appeals
. Appeal from a judgment entered January 13, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and dismissing the complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion.
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. Appeal from a judgment entered January 13, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and dismissing the complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The findings of the Appellate Division so far as they conflict with those of the Special Term are without any evidence whatever to sustain them, and are unwarranted in law. (Lauderdale Peerage Claim, 17 Abb. [N. C.]…
1Opinion of the CourtCollin, J.
The plaintiffs seek in this action in equity a judgment perpetually restraining the defendant from claiming any estate in or interfering with vaults or vault spaces under the surface of the northerly half of Cortlandt street in the city of New York connected with the premises of the plaintiffs at the northwest corner of Broadway and Cortlandt street. The Special Term awarded the judgment sought by the plaintiffs, which the Appellate Division reversed and dismissed the complaint on the merits.
The immediate inducement of the action was the threat of the defendant that unless the plaintiffs…
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