Bell v. City of New York
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts,, pursuant to section 1279 of the Code of Civil Procedure.
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Submission of a controversy upon an agreed statement of facts,, pursuant to section 1279 of the Code of Civil Procedure. The plaintiff seeks the specific performance of an agreement in-writing between her and the defendant by its department of docks,, bearing date the 4th day of January, 1900. The agreement recites, among other things, that the plaintiff is the “ proprietor of all the wharfage rights, terms, easements and privileges, etc., appertaining to the bulkhead” on the southerly side of South street between Jefferson and Clinton streets beginning at a point about ninety-six feet…
1Opinion of the Court
Laughlin, J.:
The agreement was executed as authorized by law, in lieu of proceedings to acquire the plaintiff’s title or rights by eminent domain. 'There is no claim of fraud or mistake and no demand for a rescission or reformation of the contract. No definite theory seems to be developed or presented for relieving the city from the fulfillment of its contract. The argument of the learned counsel for the •city is not that the plaintiff has no property rights or interest to convey, but that the city, under the reservation in its grant to Rutgers, is authorized to appropriate this pier and…
2Cases cited20 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Winne v. . WinneNew York Court of Appeals · 1901
- De Peyster v. . MichaelNew York Court of Appeals · 1852
- Craig v. . WellsNew York Court of Appeals · 1854
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3Cited by4 opinions
- Johnston v. JohnstonCourt of Appeals of Maryland · 1983
- In re the City of New YorkNew York Supreme Court · 1936
- Matter of City of N.Y. (Piers Old Nos. 8-11)New York Court of Appeals · 1920
- City of New York v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1923