Legal Opinion · Dissent
Matter of City of New York (Exterior St.)
New York Court of Appeals
Decided May 25, 1944Published
1DissentConway, J.
This is an appeal from an order denying a motion to vacate and set aside a final decree in condemnation proceedings. The final decree contained an award to Stephens Fuel Company, Inc., “ for loss of use of Motthaven Canal and for loss of use of improvements on said damage par-eel.” Appellant, The Bowery Savings Bank, is the holder of mortgages on the property of Stephens Fuel Company, Inc.
The condemnation proceeding was brought to acquire the lands necessary to widen 135th Street and other streets to be used as the westerly approach to the Triborough Bridge. A resolution of the Board of…
2Cases cited8 opinions
- Nellis v. . MunsonNew York Court of Appeals · 1888
- Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
- G.L. P.J.R.R. Co. v. . N.Y. G.L.R.R. Co.New York Court of Appeals · 1892
- Matter of City of New York (Exterior St.)New York Court of Appeals · 1941
- Patrone v. M. P. Howlett, Inc.New York Court of Appeals · 1924
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