Legal Opinion

Matter of Goodrich v. . Vil. of Otego

New York Court of Appeals

Decided October 29, 1915PublishedCited by 29 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 12, 1915, which affirmed an order of Special Term confirming the report of commissioners of appraisal in change of grade damage proceedings. The facts, so far as material, are stated in the opinion. (People ex rel. Bennett v. Dickey, 148 App.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 12, 1915, which affirmed an order of Special Term confirming the report of commissioners of appraisal in change of grade damage proceedings. The facts, so far as material, are stated in the opinion. (People ex rel. Bennett v. Dickey, 148 App. Div. 663; Matter of Board of Street Opening, 89 Hun, 525; Freeman v. Barber, 1 Hun, 433; 3 T. & C. 574; Harrer v. Wallner, 80 Ill. 197; Fowles v. Hayden, 130 Mich. 47; Speier v. Opper, 73 Mich. 35; Osgood v. Chicago, 154 Ill. 194; Chambers…

1Opinion of the CourtPound, J.

On an appeal by the appellant in this proceeding from the order appointing commissioners to ascertain the damages sustained by respondent by reason of the change of grade of Biver street, the question was whether petitioner as one of the owners of an estate by the entirety could institute and maintain a proceeding for an assessment of damages to property so owned without joining his wife, the co-tenant, as a party to the proceeding. (M atter of Goodrich v. Village of Otego, 160 App, Div. 349.) The court below, affirming the order, held that petitioner could maintain the proceeding and was…

2Cases cited4 opinions

  1. Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
  2. Hiles v. . FisherNew York Court of Appeals · 1895
  3. Coudert v. . CohnNew York Court of Appeals · 1890
  4. Grosser v. . City of RochesterNew York Court of Appeals · 1896

3Cited by29 opinions

  1. V.R.W., Inc. v. KleinNew York Court of Appeals · 1986
  2. Hawthorne v. HawthorneNew York Court of Appeals · 1963
  3. Community National Bank & Trust Co. of New York v. Persky (In Re Persky)United States Bankruptcy Court, E.D. New York · 1991
  4. Tuttle v. Everhot Heater Co.Michigan Supreme Court · 1933
  5. Sirianni v. SirianniAppellate Division of the Supreme Court of the State of New York · 1961

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