Legal Opinion · Dissent

In re the Mayor, Aldermen & Commonalty

Appellate Division of the Supreme Court of the State of New York

Decided April 23, 1909Published

Appeal by The City of New York and by Henry D. Clark, a property owner, from an order of. the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of June, 1906, confirming a special report of the commissioners of estimate and assessment embracing awards for damages caused by the discontinuance and closing of certain streets and avenues in the vicinity of Walton avenue, in the city of New York, and…

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Appeal by The City of New York and by Henry D. Clark, a property owner, from an order of. the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of June, 1906, confirming a special report of the commissioners of estimate and assessment embracing awards for damages caused by the discontinuance and closing of certain streets and avenues in the vicinity of Walton avenue, in the city of New York, and assessments assessing the amount of such awards, together with the costs and expenses of the special proceeding, upon…

1Dissent

Ingraham, J. (dissenting in part) :

The city of New York instituted this proceeding to acquire title to the real property necessary for the opening of Walton avenue from One Hundred and Sixty-seventh street to Tremont avenue in the city of New York. While that proceeding was pending the owners of certain real property applied to the court to have commissioners appointed in this proceeding to determine the damage caused to certain property owned by them in consequence of the discontinuance of certain streets and avenues upon which their property abutted. The commissioners of estimate and…

2Cases cited6 opinions

  1. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
  2. In Re Mayor of New YorkNew York Court of Appeals · 1898
  3. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
  4. In Re the Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1907
  5. Isaac G. Johnson & Co. v. CoxNew York Supreme Court · 1903

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