Legal Opinion

In re the Application of City of New York

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

Decided May 31, 1918PublishedCited by 2 opinions

Appeal by the petitioner, Uriah Harris, 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 17th day of October, 1917, and also from said order as resettled by an order entered in the office of the clerk of the county of Bronx on the 30th day of October, 1917, denying his application, made under section 14 of chapter 1006 of the Laws of 1895, for an order referring it to the…

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Appeal by the petitioner, Uriah Harris, 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 17th day of October, 1917, and also from said order as resettled by an order entered in the office of the clerk of the county of Bronx on the 30th day of October, 1917, denying his application, made under section 14 of chapter 1006 of the Laws of 1895, for an order referring it to the commissioners in this proceeding to determine the compensation that should be made to him for the closing of the Albany Post road.

1Opinion of the Court

Laughlin, J.:

The appellant and others made like applications on the 25th day of May, 1915, which were denied and we affirmed the orders. (Matter of Newton Avenue (Harris), 173 App. Div. 15.) In the former petitions petitioners alleged that the title to the lands then owned by them bounding on the Albany Post road on the east was in Mary Samler on the 2d day of November, 1895, when a map of the territory was duly filed showing streets to be continued and streets discontinued. The principal contention made on the former appeal was that the easements of the abutting owners were not extinguished…

2Cases cited9 opinions

  1. Gates v. . De La MareNew York Court of Appeals · 1894
  2. Geiszler v. . De GraafNew York Court of Appeals · 1901
  3. Matter of City of New York (Newton Avenue)New York Court of Appeals · 1916
  4. Ranscht v. WrightAppellate Division of the Supreme Court of the State of New York · 1896
  5. Clarke v. PriestAppellate Division of the Supreme Court of the State of New York · 1897

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3Cited by2 opinions

  1. Mills v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
  2. Sound Reality Co. v. NicholsonAppellate Division of the Supreme Court of the State of New York · 1941

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