In re the Grade Crossing Commissioners
Appellate Division of the Supreme Court of the State of New York
Appeal by the Grade Crossing Commissioners of the City of Buffalo, and by The New York Central and Hudson River Railroad Company from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 16th day of November, 1910, refusing confirmation of the report of the commissioners of appraisal duly appointed herein, and directing the appointment of a new commission.
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Appeal by the Grade Crossing Commissioners of the City of Buffalo, and by The New York Central and Hudson River Railroad Company from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 16th day of November, 1910, refusing confirmation of the report of the commissioners of appraisal duly appointed herein, and directing the appointment of a new commission. The proceeding was commenced in July, 1909, by the service of a duly verified petition and notice of motion upon all parties interested, asking that commissioners…
1Opinion of the Court
McLennan, P. J.:
It is elementary that a report of commissioners in condemnation proceedings must be confirmed unless there is shown to have been misconduct or palpable mistake on the part of the commissioners which resulted in harm to a party interested in the proceeding. Purely technical objections, not going to the merits, and omissions in no way harmful to a party, do not authorize the Special Term to ref use confirmation of the commissioners’ report. (Matter of New York Central & Hudson River Railroad Company, 64 N. Y. 60.) All of the objections made by the respondents to the confirmation…
2Cases cited2 opinions
- In re New York Central & Hudson River RailroadNew York Court of Appeals · 1876
- In re the Grade Crossing CommissionersNew York Supreme Court · 1910
3Cited by3 opinions
- Board of Supervisors v. Sherlo Realty, Inc.New York Supreme Court · 1961
- City of Plattsburg v. KelloggAppellate Division of the Supreme Court of the State of New York · 1938
- In re Board of Supervisors of Sullivan County, New York County Courts1933