Deshong v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 24, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. 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 of the Appellate Division of the Supreme Court in the first judicial department, entered July 24, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Where it is undisputed that a vault has been maintained and in constant actual use for upwards of forty years, the law will presume that it was originally constructed with the knowledge and assent of the public authorities. (People ex rel. Zeigler v.…
1Opinion of the CourtMartin, J.
This controversy relates to the right of the plaintiff to build and maintain a vault under the sidewalk in front of lots numbers 54 and 56 West Third street, in tlie city of New York. In 1898 the buildings which had been previously erected thereon were torn down and a new building was in process of construction. When the old buildings were removed there was a vault under the sidewalk in front. It had existed there from the year 1876, and from a time between 1860 and 1870 there had been a small one under the sidewalk, used for storing coal, which was not connected with the building. When the…
2Cases cited18 opinions
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Babbage v. . PowersNew York Court of Appeals · 1891
- The People v. . SnyderNew York Court of Appeals · 1869
- Jorgensen v. . SquiresNew York Court of Appeals · 1895
13 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Clement v. GrahamSupreme Court of Vermont · 1906
- City of New York v. . RiceNew York Court of Appeals · 1910
- Acme Realty Co. v. . SchinasiNew York Court of Appeals · 1915
- Salt Lake City v. SchubachUtah Supreme Court · 1945
45 more not listed; retrieve them via the Exa API.