Legal Opinion

In re Opening of One Hundred & Sixtieth Street

New York Supreme Court

Decided January 13, 1891Published

Appeal from special term, New Tork county. This is an appeal from an order made by Mr. Justice Andrews, dated the 4th day of April, 1890, granting the prayer of the petitioners, Alfred Roe and others, to be permitted to submit and present to the commissioners of estimate and assessment their objections herein, and to prove, in support of the same, “ that the land required for the said street between Kingsbridge road and Tenth avenue had been dedicated to public use, and to…

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Appeal from special term, New Tork county. This is an appeal from an order made by Mr. Justice Andrews, dated the 4th day of April, 1890, granting the prayer of the petitioners, Alfred Roe and others, to be permitted to submit and present to the commissioners of estimate and assessment their objections herein, and to prove, in support of the same, “ that the land required for the said street between Kingsbridge road and Tenth avenue had been dedicated to public use, and to present testimony in support thereof, and that the said commissioners of estimate and assessment be permitted and…

1Opinion of the CourtBrady, J.

It was stated upon the argument herein, and not denied, that, although this appeal was in progress, yet, in pursuance of the order from which it was taken, the commissioners had received the objections of the property owners, and heard the testimony as to dedication; that the proofs had been submitted; and that the entire matter was before them for decision. The matter was sent back to the commissioners by an order of the special term, Justice Donohue presiding, and, as we have seen, for the purpose of making substantial awards to the respondent, William F. Buckley, and upon the proposition…

2Cases cited1 opinion

  1. In re One Hundred & Sixtieth St.New York Supreme Court · 1888

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