John Hoey, as President v. Thomas F. Gilroy, Respondents

Summary

The New York Court of Appeals affirmed the Special Term’s injunction, holding that the city’s common council possessed authority to authorize the erection and maintenance of awnings even though a general prohibition against street obstructions exists. Because the awning was erected under the specific ordinance regulating awnings, it was not an illegal obstruction and the city officials could not remove it without legislative repeal or amendment.