Tompkins v. Bruckner — 248 N.Y. 594

Majority

p. 594

In the Matter of Mary H. Tompkins et al., Appellants, against Henry Bruckner, as President of the Borough of The Bronx, New York City, Respondent.

Headnote

New York city — streets — mandamus to compel removal of incumbrances from lands appropriated for public streets denied —• relief under sections 432-436 of charter.

Matter of Tompkins v. Bruckner, 223 App. Div. 831 , affirmed.

(Argued May 29, 1928;

decided June 12, 1928.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered

p. 595

April 20, 1928, which reversed an order of Special Term granting a motion for a peremptory order of mandamus to compel the defendant to remove from within the lines of certain street areas in the borough of The Bronx, any and all tents, bungalows and other structures used for private purposes, obstructing, incumbering and encroaching on public street areas so that said public streets, avenues and highways shall be free from such obstructions and open to the petitioners and to the public for public uses, access and travel. The Appellate Division reversed on the ground that petitioners might obtain relief through sections 432 to 436 of the charter of the city of New York.

Howard C. Kelly for appellants.

George P. Nicholson, Corporation Counsel (Joel J. Squier and William B. R. Faber of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.