Purdy v. City of Newburgh

Full title: FRANK PURDY et al., Appellants, v. CITY OF NEWBURGH, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 3, 1951

279 App. Div. 748 (N.Y. App. Div. 1951)

Opinion

December 3, 1951.

Present — Nolan, P.J., Carswell, Johnston, Adel and MacCrate, JJ. [See post, p. 800.]

In an action to enjoin the defendant City of Newburgh from enforcing certain rules and regulations of the State Department of Health against real property and riparian rights of the plaintiffs without condemnation, and for damages for part interference with the exercise of such rights, the plaintiffs appeal from so much of the judgment granting a mandatory injunction as denied recovery for any damage to the fee or rental value and failed to provide for payment by the defendant of damages as an alternative to the grant of the injunction. Judgment, insofar as appealed from, unanimously affirmed, with costs. No opinion.