New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-25
STORE BRIDGES IN PERIL
Right to Maintain Connection
with Il" Roads Questioned.
WILL MAKE TEST IN COURT
Order for Removal Probably
Will Be Held Up Until
Case Is Settled.

Department stores and office buildings
which enjoy the privilege OF direct con-
nections by means OF bridges with the
various stations of the elevated railway
will have TO go to court for final decision
as to their right to longer maintain sucn
structures. This was the view taken Of
the matter yesterday by the Board Of Es-
innate, and in fact Borough President
McAneny practically admitted that the
order for the removal of the bridges
was made with the idea OF bringing the
matter TO the attention Of the courts.
When the Board Of Estimate met yes
terday there was presented to It a petit
ton from property owners and lessees
affected asking that the order for re-
moval which is effective November l, be
rescinded. Benjamin G. Paskus repre-
senting the department stores, said that
his clients had not had sufficient notice,
Mayor Gaynor remarked that there had
been sufficient notice for the property
owners and lessees TO make test case,
and then Mr.. Paskus asked about the
form Of litigation
This Is a matter for you to determine,
you bring your own litigation" said
Mayor Gaynor, and Borough President
McAneny suggested that the resolution
passed in September authorizing the re-
moval Of the structures unless they had
been removed by November l had opened
the way for litigation.
Counsel for the petitioners said that
originally his clients mad put up the
money for the erection Of the bridges. and
that they should have been consulted as
to the form Of litigation before the rcso-
luton was passed.
II IS understood that the InterborouEh
Will bring an injunction suit at once so
for time at least shoppers may be able
to enter stores without going all the
way 10 the street.
In the brief accompanying the petit
ton It was set forth that the connec-
tons accommodated at least 30 per
cent Of the persons At the stations where
the bridges We're placed. Free access
and elevator service were accorded per
sons through the abutting buildings and
much discomfort and congestion were
avoided. 1T was said that should the
structures be removed IN several in
further stalrways in the streets, bring
Ing about an unnecessary encumbcrIug Of
the streets. The Supreme Court OF ILL
UU.s. II was said, had decided in case
brought ia Chicago that such structures
were legal. The CITY OF New York, the
brief cyutendcd, Had recognized the pro-
pr.vty Of such structures Tor thirty years,
and because Of that the petitioners had
lr.u led to invest their money in tnr
erection OF the bridges. IL was point q
out that the resolution would affect not
only department stores but the stations
al Rector street and at 10th street where
private interests had installed elevator
service FOR the benefit OF the residents
In the u,iEhbOrhOOd.
Il was said that the resolution was the
outcome OF the fact that a new depart
mcut store had paid for permit for
connection az sd street, that the city
had awakened 10 the fact that the older
structures had been erected under diff
fercnt conditions and wished TO get pay
for them.
The petition which was filed without
action Was signed by Saks Il Co.. the
Fourteenth Street Store. the Greenhut-
Si"g"I-CoOpor Company and James Nc
trDory q co.