People ex rel. Lasher v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The City of New York and others, from an order of the Supreme Court, made at the Eensselaer Special Term and entered in the office of the clerk of the county of Ulster on the 17th day of February, 1909, granting the relator’s motion for a peremptory writ of mandamus requiring the defendants to forthwith provide for the determination of the damages to the relator’s business.
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Appeal by the defendants, The City of New York and others, from an order of the Supreme Court, made at the Eensselaer Special Term and entered in the office of the clerk of the county of Ulster on the 17th day of February, 1909, granting the relator’s motion for a peremptory writ of mandamus requiring the defendants to forthwith provide for the determination of the damages to the relator’s business. The relator’s claim is based upon the provisions of section 42 of chapter 724 of the Laws of 1905, entitled : “An act to provide for an additional supply of pure and wholesome water for the city…
1Opinion of the Court
Sewell, J.:
The appellant’s contention is that section 42 of chapter 724 of the Laws of 1905, as amended by chapter 314 of the Laws of 1906, conflicts with the 14th amendment of the United States Constitution. The privileges and immunities referred to in section 1 of the amendment are those only which arise under the Constitution of the United States, and not those which arise under that of the State. But, passing this point, and assuming that the section in question is included in the words “ any law,” there is then no ground for the claim that it is in conflict with the amendment and…
2Cases cited3 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Sherman v. . McKeonNew York Court of Appeals · 1868
- Mayor of New York v. GormanAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Matter of City of SyracuseNew York Court of Appeals · 1918
- Ross v. StateAppellate Division of the Supreme Court of the State of New York · 1919
- In re BenselAppellate Division of the Supreme Court of the State of New York · 1911
- City of New York v. Fifth Avenue Coach Co.Appellate Division of the Supreme Court of the State of New York · 1933