Granby Pulp & Paper Co. v. City of Fulton — 237 N.Y. 535

Majority

p. 535

Granby Pulp and Paper Company, Appellant, v. City of Fulton, Respondent.

Headnote

Real property — title — action to restrain city from grading land for use as public street.

Granby Pulp & Paper Co. v. City of Fulton, 189 App. Div. 521 ; 197 App. Div. 923 , affirmed.

(Argued November 21, 1923;

decided December 5, 1923.)

Appeal from a judgment, entered July 17, 1922, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment

p. 536

in favor of plaintiff entered upon the report of a referee and directing a dismissal of the "complaint. The action was brought to restrain the defendant from removing property of the plaintiff from a parcel of land in the city of Fulton, claimed to be owned by the plaintiff, and from grading or opening said parcel as a public street.

Giles S. Piper for appellant.

William S. Hillick for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.