New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-11
FIFTH-AVE. NUMBER WAR.
TAKEN TO THE COURTS.
City Officials in Conflict scitb the
Board of Aldermen.

ON' - VI ~AtNtI' '''N>'''
The block on the west side Of 5th-ave. between
10Th and list sts is unique in the real estate history
Of The city Of New-YoTk in that it is appar-
entity the only block having but three street num-
bers IN 5th-aye. The lower half Of the block is
occupied by the Presbyterian Building, which is
numbered ia l56 and los 5th-ave. This building
covers four city lots and is one OF the largest Office
buildings IN that section Of tho city The upper
bslf OF this block is occupied by ninestory build
ing owned by Edward Il. Van Ingen, which also
covers four city lots In spite of its size it has but
one street number IN 5th-ave., No. 100.
To the north Of 3Ir. Van Ingen's btilding was
formerly the Union Club. which recently sold its
t,-,,,ortv loft building erected on this site
- the Hudson Realty Company, which, after the
erection Of its building, began 10 look about FOR
st-ee+ number n 5th-ave.. and found that the num-
her 79 10 the south was lawfully in by Mr.. Van
1DgeD and that the number TO the north, on saal
,,vlvs+e dwelling No. 162 5th-ave. An interest
ing contest Immediately developed for the posses
sion Of the numbers IN question. Mr.. Van Ingen
relied upon the Board of Aldermen to protect him
IN the use OF the number 49, the address Of himself
ana his many tenants for the last fourteen years.
The President Of the Borough of Manhattan and
the Superintendent OF Highways without authority
Of law Il is alleged. and without action on the part
Of the Board Of Aldermen, directed Mr.. Van Ingen
TO give Up the use Of the number 16o and authorized
the Hudson Realty Company to assume that num-
her. Al the same time the city officers directed the
Presbyterian Building TO give I'D the use of the
number l5S ana directed Mr.. Van Ingen to assume
that number. The Board of Aldermen, however, had
previously passed specific resolution in April,
1904. directing the Hudson Realty Company TO
the number 1902 5th-ave.
Al interesting contest, and apparently con-
a!ct OF authority, thereupor arose between the
Board Of Aldermen on the one side and the
President Of the Borough Of Manhattan and the
Superintendent Of Highways, the other side.
President Ahearns after numerous public hearings,
which were attended by Ioha L. Parsons, Alfred
z. MaTlng and other interested persons, refused
10 rscede from his position overruling the action
OF the Board CT Aldermen Resort was tlen had
10 the courts. One Of the ground hocr tenants
OF the Presbyterian Building is the publishing
house Of Fleming H. Revell & Co. who for many
years have used the number 15S 5th-ave., and
who were in danger OF being deprived OF this mum
Der should Mr.. Van Ingea obey the order Of
President Ahearn by posting 1t upon his building.
fleming Il Reveu & CO.. TO protect themselves
from this situation secured on April 70 an injunction
issued by JUst.ce MacLean restraining Mr.. Van
Ingen from using the number 15S 5th-ave. Mr..
Wan Ingen, with premises covering one-half Of
city block AID occupying four full city lots, with
q building nine stories high and aaving many &C
cupants. and visited every day Of the year by over
200 persons was IN the peculiar position OF hav-
ing no street number whatever If he obeyed all
The orders which were then issued or the Cubject
for the reason that he was restrained by the
Supreme Court from using the number l5S and
was forbidden by the Borough President 10 use the
number go.
M Van Ingen then took rhe war into the
enemy's ca1np, and applied for injunction re.
straining the Hudson Realty Company from using
his number 80, and also asking In his application
FOR such injunction that President Ahearn and the
other city officials Lee restrained from continuing
their efforts 10 take away his number in conflict
with the authority OF the Board OF Aldermen,
conferred on 4 IN the charter Of tie city Of New
York. Mr. Van Ingen's application for this ir-
Va heard by Justice MzCIEan April
q and a protracted argument was made in
Special Term, Part I. Of the Supreme Court. FL
bert b. Hamlin appeared for Mr.. Van Ingeu and
was opposed by the Corporation Counsel for
President Ahearn and the other city officials and
BY II. Marley PIatzek for the Hudson Realty
Company Other property owners in the vicinity
were represented by various attorneys whose
clients We're so much interested in the outcome of
the situation that they felt it necessary TO OBJ
serve the legal developments Of the case
The situation IN regard 10 the street numbers
upon the west side of 5th-ave.. from Washington
Square 10 23d-st., is a complicated one. The Board
OF Aldermen solved the problem by legally assigning
the number l6035 10 the premises Of the Hudson
Realty Company at the northwest corner Of 2lst-st
and shave II II had been decided 10 give whole
number 10 each building north Of the Presbyterian
Building and Mr.. Van Ingen's premises it could
have been done by altering the numbers north from
No. l63 5th-ave. TO 23d-sL. as there is an unused
number 1SS 5th-ave at the corner Of 23d-st. Should
the change lie made ln the reverse direction. it
would be necessary instead OF altering the numbers
II two city blocks 10 alter them all the way from
2st-st- south to Washington Square.
a representative OF Mr. Van Ingen said yesterday:
By the charter Of the city Of NewYorlI. the right
10 number buildings in the streets of the city is
vested solely in the Board % Aldermen and Presi-
dent Ahearn and the other city officials IN assum-
ing 10 number and renumber buildings, have acted
Il direct conflict with the Board Of Aldermen, and
their action is regarded by many members Of that
beard as q distinct aftront. In fact, the action Of
the Borough President after he had been fully in
formed that he had right TO alter street num-
bers IS regarded as d high handed UsUrpation Of
power.
NJ. Van InEen's application TO the Supreme Court
for Injunction forbicding the Hudson Realty
Company assume his uuTub Der l6O 0tn-ave. is now
awaiting decision by Justice MacLean. and there
Is little doubt that the temporary injunction VIII
be Immediately issued, and Will be followed by
permanent injunction at later date, IN accordance
with The precedent set by Justice MacLean in the
matter Of the similar injunction N behalf Of Elem
ing II. Reveu & Co. against Mr.. Van Ingen, and as
the legal question involved is purely one OF the law
Itself which gives the Board Of Aldermen the sole
power number buildings. II is therefore thought
that effort Of President Ahearn and other city
authorities TO usurp The power OF me board or
Van lugcn's application 10 the courts