Matter of City of New York (Ely Avenue)
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial deportment, entered June 1Y, 1915, which affirmed an order of Special Term denying a motion for the appointment of commissioners of estimate and assessment in the above-entitled proceeding.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial deportment, entered June 1Y, 1915, which affirmed an order of Special Term denying a motion for the appointment of commissioners of estimate and assessment in the above-entitled proceeding. Pursuant to section 9Y0 of the Greater New York charter the board of estimate and apportionment of the city of New York, on the 4th day of December, 1914, adopted a resolution that it deemed it for the public interest that the title to certain lands and premises required for the opening and extending of Ely avenue…
1Opinion of the CourtHogan, J.
The application made by the city for the appointment of commissioners of appraisal and assessment was opposed by respondents for the reasons: First, that Ely avenue had been ceded to the city as a street and had been improved and maintained as such for many years; consequently the land sought to he condemned was not required for street purposes within the meaning of section 970 of the Greater New York charter and the proceeding at bar was not authorized by law; secondly, that the proceeding was in reality commenced to acquire title to land in Ely avenue for the purpose of the construction of…
2Cases cited20 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Matter of City of New YorkNew York Court of Appeals · 1907
- People Ex Rel. Kemmler v. . DurstonNew York Court of Appeals · 1890
15 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Goodstein Construction Corp. v. City of New YorkNew York Court of Appeals · 1992
- Cuglar v. Power AuthorityNew York Supreme Court · 1957
- Slewett & Farber v. Board of Assessors of County of NassauAppellate Division of the Supreme Court of the State of New York · 1981
- Baldwin Union Free School District v. County of NassauNew York Court of Appeals · 2014
- Nappi v. La GuardiaNew York Supreme Court · 1944
40 more not listed; retrieve them via the Exa API.