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Rigas v. Livingston

178 N.Y. 20 (1904)

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Rigas v. Livingston

New York Court of Appeals

178 N.Y. 20 (1904)

Facts

The plaintiff operated and occupied a fruit stand on the sidewalk in front of a store in New York City. The tenant, Levy, who operated the store sought to have the plaintiff removed through city officials. The plaintiff filed a lawsuit against two specific city officials, the commissioner of public works and the superintendent of the bureau of incumbrances. The plaintiff requested injunctive relief in the form of an order that the defendants not remove or interfere with his fruit stand. The trial court granted the injunctive relief and stated that the court order applied to all persons having knowledge of the order. The landlord who owned the store then filed an action seeking to have the tenant evicted. However, the landlord was the tenant’s father-in-law. The tenant defaulted, and the landlord obtained an order requiring the tenant’s removal. The landlord’s attorney went to the property with a city marshal to perform the eviction. During this process, the plaintiff’s fruit stand was destroyed. The city marshal and the landlord’s attorney both knew of the injunction. The plaintiff requested that the trial court hold Levy, the attorney, and the city marshal in contempt.

Rule of Law

Issue

Holding and Reasoning (Cullen, J.)

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