Legal Opinion

Mittendorf v. New York & Harlem Railroad

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

Decided July 1, 1901PublishedCited by 4 opinions

Appeal by the defendants, The Hew York and Harlem Railroad Company and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office' of the clerk of the county of Hew York on the 30th day of. Hovember, 1900, upon the -decision of the court, rendered after- a trial at the Hew York Special Term, sustaining a demurrer to a defense in the answer.

1Per curiam

This action is similar to those with which.we have become familiar in connection with the elevated > railroads, and is brought to obtain an injunction and damages owing, to the maintenance of the defendants’ viaduct structure in Park avenue. Among other defenses, the defendants pleaded a defect of parties; in that a mortgagee of the plaintiff’s premises had not been brought into the action. To this defense the plaintiff demurred; which demurrer was sustained, and from the interlocutory judgment thereon entered the defendants appeal.

A mortgagee is a proper party, but whether or not he is a…

2Cases cited1 opinion

  1. Hughes v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891

3Cited by4 opinions

  1. Keene v. ChambersNew York Court of Appeals · 1936
  2. Alaska Banking & Safe Deposit Co. v. Van WyckAppellate Division of the Supreme Court of the State of New York · 1911
  3. Shanks v. National Casket Co.Appellate Division of the Supreme Court of the State of New York · 1904
  4. Hagenaers v. CaballeroAppellate Division of the Supreme Court of the State of New York · 1921

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