In re Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the petitioner, The City of New York, from so much of 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 17th day of April, 1903, as amends the report of the commissioners of estimate and assessment iu this proceeding by striking out an assessment against the lands of the respondent, the Woodlawn Cemetery. Also an appeal by Frederick IT.
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Reargument of an appeal by the petitioner, The City of New York, from so much of 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 17th day of April, 1903, as amends the report of the commissioners of estimate and assessment iu this proceeding by striking out an assessment against the lands of the respondent, the Woodlawn Cemetery. Also an appeal by Frederick IT. Brandt and another from so much of said order as refuses to make an award for certain parcels of land owned by them. ^
1Opinion of the Court
Scott, J.:
Two questions are presented by the appeal from the order modifying and, as modified, confirming the report of the commissioners of estimate and assessment in this proceeding.
The first question relates to so much of the report as affects the property of the Woodlawn Cemetery, a rural cemetery incorporated under chapter 133 of the Laws of 1847, and the subsequent acts amendatory thereof. It owns a tract of land in the vicinity of the proposed improvement which, hut for the fact that it is cemetery property, would be deemed tu be benefited by the improvement and *876properly assessable…
2Cases cited6 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- People Ex Rel. Oak Hill Cemetery Ass'n v. PrattNew York Court of Appeals · 1891
- Cunningham v. . FitzgeraldNew York Court of Appeals · 1893
- In re MayorAppellate Division of the Supreme Court of the State of New York · 1903
- Whittemore v. Woodlawn CemeteryAppellate Division of the Supreme Court of the State of New York · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City & County of Denver v. TihenSupreme Court of Colorado · 1925
- 103 Park Avenue Co. v. Exchange Buffet Corp.New York Court of Appeals · 1926
- In re Starr StreetNew York Supreme Court · 1911
- Jaquino Realty Corp. v. OrmondAppellate Division of the Supreme Court of the State of New York · 1926
- 103 Park Avenue Co. v. Exchange Buffet Corp.Appellate Division of the Supreme Court of the State of New York · 1922
6 more not listed; retrieve them via the Exa API.