Sherman Creek Realty Corp. v. Herrick

Appellate Division of the Supreme Court of New York

Sherman Creek Realty Corp. v. Herrick

234 A.D. 733

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

DecidedNovember 15, 1931

StatusPublished

This text of 234 A.D. 733 (Sherman Creek Realty Corp. v. Herrick) 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

Sherman Creek Realty Corp. v. Herrick, 234 A.D. 733 (N.Y. Ct. App. 1931).

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Opinion

Per Curiam.

The petition is replete with inept, rambling and immaterial averments. Thfe rough sketch attached to it, which is supposed to show the situs, is inaccurate and confusing. Apparently, petitioner is seeking a compulsory right of way over ground which had been dedicated to park purposes, and shows no facts disclosing a right thereto. The order granting the alternative order of mandamus should be reversed, with ten dollars costs and disbursements, and the motion denied, with fifty dollars costs. Present — Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with fifty dollars costs.

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Per Curiam.

The petition is replete with inept, rambling and immaterial averments. Thfe rough sketch attached to it, which is supposed to show the situs, is inaccurate and confusing. Apparently, petitioner is seeking a compulsory right of way over ground which had been dedicated to park purposes, and shows no facts disclosing a right thereto. The order granting the alternative order of mandamus should be reversed, with ten dollars costs and disbursements, and the motion denied, with fifty dollars costs. Present — Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with fifty dollars costs.

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Bluebook (online)

234 A.D. 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-creek-realty-corp-v-herrick-nyappdiv-1931.