In re Morton

Appellate Division of the Supreme Court of New York

In re Morton

226 A.D. 693

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

DecidedMarch 15, 1929

StatusPublished

This text of 226 A.D. 693 (In re Morton) 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

In re Morton, 226 A.D. 693 (N.Y. Ct. App. 1929).

Pincite

Opinion

Peremptory mandamus order reversed upon the

law and the facts, with ten dollars costs and disbursements, and motion denied, with fifty dollars costs, upon the ground that the owner of the property sought to be removed is a necessary party to an action or proceeding seeking a removal of property claimed to have been erected in violation of law. (Matter of Green v. Miller, 249 N. Y. 88; Matter of City of New York, 122 App. Div. 741; People ex rel. Cooke v. Stewart, 77 id. 181; People ex rel. Walsh v. Kleinert, 200 id. 836.) Many of the allegations of the petition, in so far as they charge the owner or lessee of the grounds with the maintenance of a nuisance in the manner in which dog racing is conducted, are wholly immaterial. Whether the grandstands complained of are or are not a nuisance per se may be an issue to be determined when the owner is heard. It may also be a question, not now necessary for determination, whether the proceeding should not be in accordance with section 652 of the Building Code,

Free access — add to your briefcase to read the full text and ask questions with AI

Peremptory mandamus order reversed upon the

law and the facts, with ten dollars costs and disbursements, and motion denied, with fifty dollars costs, upon the ground that the owner of the property sought to be removed is a necessary party to an action or proceeding seeking a removal of property claimed to have been erected in violation of law. (Matter of Green v. Miller, 249 N. Y. 88; Matter of City of New York, 122 App. Div. 741; People ex rel. Cooke v. Stewart, 77 id. 181; People ex rel. Walsh v. Kleinert, 200 id. 836.) Many of the allegations of the petition, in so far as they charge the owner or lessee of the grounds with the maintenance of a nuisance in the manner in which dog racing is conducted, are wholly immaterial. Whether the grandstands complained of are or are not a nuisance per se may be an issue to be determined when the owner is heard. It may also be a question, not now necessary for determination, whether the proceeding should not be in accordance with section 652 of the Building Code,

Cite This Page — Counsel Stack

Bluebook (online)

226 A.D. 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-morton-nyappdiv-1929.

Opinion

Related

Cite This Page — Counsel Stack