Legal Opinion

In re City of New York

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

Decided July 7, 1911PublishedCited by 4 opinions

Appeal by The City óf New York 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 3d day of April, 1911, granting the petitioner’s motion and referring to commissioners of estimate and assessment the determination of. his claim for compensation for closing and discontinuing a street ■ pursuant to section 14 of chapter 1006 of the Laws of 1895.

1Opinion of the Court

Scott, J.:

This appeal presents a question under the much-discussed Street Closing Act (Laws of 1895, chap. 1006), which has not heretofore been presented for judicial consideration. That question is as to when the owner of property affected by the closing of a street. must file a claim for such damages as he may have sustained thereby, when the actual closing does not take place until more than six years after the filing of the general .map or plan indicating an intention that such street shall be closed and discontinued. The act itself contains a limitation of time for filing claims, being…

2Cases cited4 opinions

  1. In re the Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1909
  2. Matter of Mayor, Aldermen Commonalty of City of N.Y.New York Court of Appeals · 1909
  3. In re the Opening of Richard StreetAppellate Division of the Supreme Court of the State of New York · 1910
  4. Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1901

3Cited by4 opinions

  1. Matter of City of New York (Newton Avenue)New York Court of Appeals · 1916
  2. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916
  3. In re the Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1913
  4. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914

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