Bomptin Realty Co. v. City of New York

Appellate Division of the Supreme Court of New York

Bomptin Realty Co. v. City of New York

275 A.D.2d 843

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

DecidedMay 9, 1949

StatusPublished

This text of 275 A.D.2d 843 (Bomptin Realty Co. v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bomptin Realty Co. v. City of New York, 275 A.D.2d 843 (N.Y. Ct. App. 1949).

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Opinion

The complaint sets forth a cause of action at law, to which equitable relief is added as an incident. There is no threat of future wrongful acts on the part of defendant. Complete relief for the alleged wrongful acts of defendant may be granted at law. If defendant is found to be liable, defendant may be east in damages for the expense of removing the nuisance and for other injuries to plaintiff’s property. The mere prayer in the complaint for the removal of the nuisance does not transform this cause of action from one essentially at law to one in equity. {City of Syvaeuse V. Kogan, 234 N. Y. 457.) Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

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The complaint sets forth a cause of action at law, to which equitable relief is added as an incident. There is no threat of future wrongful acts on the part of defendant. Complete relief for the alleged wrongful acts of defendant may be granted at law. If defendant is found to be liable, defendant may be east in damages for the expense of removing the nuisance and for other injuries to plaintiff’s property. The mere prayer in the complaint for the removal of the nuisance does not transform this cause of action from one essentially at law to one in equity. {City of Syvaeuse V. Kogan, 234 N. Y. 457.) Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

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Bluebook (online)

275 A.D.2d 843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bomptin-realty-co-v-city-of-new-york-nyappdiv-1949.

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