Legal Opinion

In re City of New York

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

Decided May 13, 1910PublishedCited by 19 opinions

Appeal by the petitioner, The City of New York, 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 1st day of March, 1910, denying the petitioner’s motion to confirm the report of commissioners of estimate and .the report of the commissioner of assessment herein and referring said reports to new commissioners therein named.

1Opinion of the Court

Scott, J:

The question presented by this appeal is whether or not the commissioners of estimate and assessment were justified in valuing the property of the Hunt’s Point Realty Company, lying in the bed of Edgewater avenue, and taken in this proceeding, as land incumbered with private easements for light, air and access in favor of adjacent property fronting on the road. The respondent claims that it is entitled to be awarded the full value of the land, as if unincumbered by any easement, and available to its owner for any use whatever. There is no question of dedication to the public, and no…

2Cases cited7 opinions

  1. Lord v. . AtkinsNew York Court of Appeals · 1893
  2. Matter of City of New YorkNew York Court of Appeals · 1909
  3. Gates v. . De La MareNew York Court of Appeals · 1894
  4. In re One Hundred & Sixteenth StreetAppellate Division of the Supreme Court of the State of New York · 1896
  5. Clarke v. Long Island Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. EMF General Contracting Corp. v. BisbeeAppellate Division of the Supreme Court of the State of New York · 2004
  2. Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co.New Mexico Supreme Court · 1967
  3. City of Albany v. StateNew York Court of Appeals · 1971
  4. In re the Estate of De StuersNew York Surrogate's Court · 1950
  5. Matter of City of New York (Sedgwick Ave.)New York Court of Appeals · 1915

14 more not listed; retrieve them via the Exa API.

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