The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-07-06
TRUCE OVER House FRONTS
PtRK mr. err wE w stGIs 0Fg
re RSfRERS
. s~'utsssi.s~r stssss Tnst 81 tsp~al as-
n~~u raass ~ fh~ eHy ~ nts~rstl-
ts-fss fs.s I'VE wssssan ttsasshsist-g
ess ssa ~ ~ gaeuists nssisfanss

W.. thsris- ts-tia Rates ~ho-s
house. s' inI Hiv-r-isi. nriv- j. th- hssi
on- n ths sru'ip - 80 pr,i-r-st '-tnfn.,i
~ ths Appellate DIVISION - 49, -'tpr-ris
Court In ihs -l.t Wrought ~ Nr- is--is
Alderman ss.iB-s rAyk Comms-s.anar
slower o. cpnir-.l hrn 20 r-riov- 10 four
feet ~ncruachfnsat % -arh house. ~
Riv~rsisl. Drive. h.san rrnc-.,ing. 49,
t~rday ~ prot-r, hsr ho'i.- frunt tftrr
irving an dav o. go an Sryi-r IN irin n Z
ths Park Commissioner from Eoing N
si'h ht- trimming prc,---s her s~vsr
gave 40 Ia-s hiEht snd sad b. sould
asisi-a has clen, On protect her ho,i-s
frcm the Pars Commissioner ~ force
and ct the matter INTO the courts IN that
wav
The Park Commissioners men took
scs.aolsiins material mp IN the blocs
bstws-n Eighty second and Eight third
streets on saturday and u vas expected
that the shaving ~ould begin Yesterday
Mara " Ell@oa % "a, N.ssan street.
counsel Tor Mr.. Bates. began siit IN the
morning tn remove the cloud on the title
To the property brought about by the
four foot sncroschm.at and u vas On
the complaint In this action that he ap-
Piled to supreme Court Justice Oieg-rich
for q temporary Injunction restraining
the Paris Commissioner from touching
Mrs. Hate.s h0uss until her rights had
been Adjudicated In tho action
Justic. Giegsrich refused 20 sign tn.
temporary restraining order. saving that
since IN. PARK Commissioner vas acting
under the express command % the Ap-
NNaans "A
for q Justice at Special Term to restrain
such action The Court adv aed counsel
that any ApplioAticn for relief should
be made to the Appellate Division.
LAWYER Ellison went up TO the Appellate
Division later and lard the cas- before
Justics Mclaughlin, explaining that his
client had not been a party Ca the suit
decided by the Appellate Division. and
that she was entitled To have her day IN
court before her property was more or
less destroyed. Justice Mclaughlin sald
thai the Appellate Division didn't want
court again. and that the removal Of the
encrOachm~nt was the only way ont
Of the dificulty
The only way l ran see for my client
TO have q hearing ma this case ~ for her
to station q gang Of men IN front ~ the
house to resist any attempt hy the Park
Commissioner to remove the front Of "
said Mr.. Ellison. Then some one will
probably b. arrested. or the Park Com
missioner will have to take other action
that will result IN a hearing IN court.
My client bought the property m good
faith. and her property cannot b. taFen
away without due PROCESS Of Law Ia an
action TO which sh- - a party
PARK Commissioner Charles r Stc' ~r
was informed late yesterday sfternoor
by the Corporation Couns-l's once that
the city had taken an appeal 70 the Court
AnW in. ka 81 Anka
mans mAndamua THIS. the Pars Com
missioner understands acts a. a stav
against any further action on his rsr'
until the Court 81 Appeals has had al or
pcrtuniiy 20 pass upon the case A. any
rate. the department; VI. not try 20 shave
OF the fronts OF the houses N question.
until II KNOWS more about what its rIEh's
IN the matter are Tie lumber for build
IN = scar Gliding about the houses - ~ tav
" here u - for the present