Legal Opinion

Matter of City of New York

New York Court of Appeals

Decided June 19, 1906PublishedCited by 7 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1906, which affirmed an order of Special Term confirming the report of commissioners of estimate and assessment in the above-entitled proceeding.

1Per curiam

While we do not assent to the doctrine that the right of the pier owners to an exclusive use of the pier as a shedded pier, and to be relieved of the burden of having vessels put in at the wharf was beyond legislative repeal or modification, still, as at the time this property was acquired by the city no such repeal liad been made, the value of the property was to be estimated under the existing conditions of the law.

While the report states that the award was made upon the theory of the right being in perpetuity, still the entire record discloses that it was made in accordance with the true…

2Cited by7 opinions

  1. In re Commissioner of Public WorksAppellate Division of the Supreme Court of the State of New York · 1909
  2. Matter of City of New York (Pier Old No. 49)New York Court of Appeals · 1919
  3. In re Piers, Old Nos. 19, 20, East RiverAppellate Division of the Supreme Court of the State of New York · 1907
  4. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
  5. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907

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