Williams v. City of New York — 248 N.Y. 616

Majority

p. 616

William H. Williams, Respondent, v. The City of New York et al., Defendants, and John D. Antonopulos, Appellant.

Headnote

New York city — parks — taxpayer’s action to restrain erection of buildings in park under lease or license — park commissioner without power to lease and license an abuse of discretion.

Williams v. Hylan, 223 App. Div. 48 , affirmed.

(Argued June 5, 1928;

decided June 19, 1928.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 30, 1928, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and granting a new trial. The action, by a taxpayer, was brought to restrain the erection, use and occupation of two buildings in Battery Park, borough of Manhattan, under a lease or license from the commissioner of parks. The Appellate Division held that the commissioner was without power to execute a lease of park property and if the writing was a mere revocable license, the granting thereof was a clear abuse of discretion.

Edmund L. Mooney and Wilber W. Chambers for appellant.

George P. Nicholson, Corporation Counsel (Vine H. Smith, Josiah A. Stover and J. Joseph Lilly of counsel), for city of New York et al.

W. B. Roulstone, Joseph Kahn and R. G. Gordon for respondent.

p. 617

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and Kellogg, JJ. Not sitting: O’Brien, J.