In re Lexington Avenue
New York Supreme Court
Appeal from an order at special term, denying a motion to set aside an order confirming the report of the commissioners for opening Lexington avenue, in the city of New York, from Sixty-first street to Harlem river. The application was made by Salmon S. Stevens, the owner of three lots on the north side of One Hundred and Eighth street, which were taken for the improvement.
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Appeal from an order at special term, denying a motion to set aside an order confirming the report of the commissioners for opening Lexington avenue, in the city of New York, from Sixty-first street to Harlem river. The application was made by Salmon S. Stevens, the owner of three lots on the north side of One Hundred and Eighth street, which were taken for the improvement. The grounds of the1'-application were that he had been grossly wronged, either by the fraud or mistake of the commissioners, in their report. Lexington avenue, as laid out, is seventy-five feet wide, and runs through from…
1Opinion of the CourtDonohue, J.
The duties of the commissioners in the matter of the above opening was so far completed, that on the 23d of September, 1873, they gave notice as prescribed by law, to all persons interested, to file their objections, if any, and that the notice reached all parties who were entitled to notice, appears by the evidence on the motion. Objections were filed by certain parties, but not by those now moving, and the hearing of the objections continued until the 20th of January, 1874. The report had been noticed in due form for confirmation on the 20th of November, 1873, but had been adjourned until…
2Cases cited5 opinions
- Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
- In re WilliamNew York Supreme Court · 1839
- Matter of Canal and Walker StreetsNew York Court of Appeals · 1855
- In re Anthony-streetNew York Supreme Court · 1839
- Ex parte Albany Water Works Co. v. Albany Mayor's CourtNew York Supreme Court · 1835