Matter of City of New York (Court House)
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1915, which dismissed an appeal from an order of Special Term confirming the report of commissioners of appraisal in condemnation proceedings. The appeal was dismissed upon the ground that the appellant had accepted payment of the award and thereby lost the right of appeal. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1915, which dismissed an appeal from an order of Special Term confirming the report of commissioners of appraisal in condemnation proceedings. The appeal was dismissed upon the ground that the appellant had accepted payment of the award and thereby lost the right of appeal. The facts, so far as material, are stated in the opinion. The Appellate Division erred in granting the motion to dismiss the appeal from the order of the commissioners. (Matter of Board of Water…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is a condemnation proceeding to acquire lands as site for the proposed new court house in New York city. By an order of the Supreme Court confirming the report of the commissioners of estimate and appraisal the sum of $135,000 was awarded to the appellant. He accepted payment of the award from the city but nevertheless appealed to the Appellate Division from the order of confirmation. That court has dismissed his appeal and he comes here.
The learned counsel for the respondent questions our jurisdiction to review the order of dismissal. I think we have…
2Cases cited8 opinions
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
- Alexander v. . AlexanderNew York Court of Appeals · 1887
- Baltimore, Ohio & Chicago Railroad v. JohnsonIndiana Supreme Court · 1882
- Mississippi & Missouri Railroad v. ByingtonSupreme Court of Iowa · 1863
- Hartshorn v. PotroffIllinois Supreme Court · 1878
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3Cited by18 opinions
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- Matter of City of Syracuse v. GibbsNew York Court of Appeals · 1940
- Acting Director, Department of Forests & Parks v. WalkerCourt of Appeals of Maryland · 1974
- Matter of Silverman (Hoe & Co.)New York Court of Appeals · 1953
- Shapiro v. Maryland-National Capital Park & Planning CommissionCourt of Appeals of Maryland · 1964
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