Fieldston Property Owners' Ass'n v. City of New York

The plaintiff owns the streets here involved in fee and has obligated itself, by contracts with the abutting homeowners, to maintain and repair them until such time as title is acquired by the city. Although the plaintiff has permitted the public to drive on and over the streets for many years, the city has neither taken title nor ever sought to keep them in repair at public expense. The gravaman of the complaint is that the municipal authorities have taken it upon themselves to permit, as well as prohibit, public parking on these privately *269owned streets and this, the plaintiff claims,…