Matter of City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 18, 1909, which affirmed an order of Special Term setting aside the report of a referee appointed to determine to whom an award in condemnation proceedings should he paid. The facts, so far as material, are stated in the opinion. The court below erred in holding as matter of law that the fee had only a nominal value.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 18, 1909, which affirmed an order of Special Term setting aside the report of a referee appointed to determine to whom an award in condemnation proceedings should he paid. The facts, so far as material, are stated in the opinion. The court below erred in holding as matter of law that the fee had only a nominal value. (Osborne v. A. T. Co., 189 N. Y. 397; Trowbridge v. Ehrlich, 191 N. Y. 3(54; Matter of Eleventh Ave., 81 N. Y. 436.) The court below erred in assuming to import an…
1Opinion of the CourtVans, J.
The courts below had much difficulty in dividing a substantial sum of money between parties, not one of whom was regarded as entitled to more than a nominal amount thereof. They found division difficult as there was no equitable principle upon which it could be founded. The leading facts out of which the controversy arose were found by the referee in substance as follows : Van Voorhis street, which was laid down on a map made about 1862, pursuant to chapter 296 of the Laws of 1852, is identical with Decatur street, the subject of this proceeding. One Ivins soon after the street was thus laid…
2Cases cited2 opinions
- In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
- City of Buffalo v. . PrattNew York Court of Appeals · 1892
3Cited by45 opinions
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Matter of City of N.Y. (Northern Blvd.)New York Court of Appeals · 1932
- Matter of City of New York (Braddock Ave.)New York Court of Appeals · 1938
- Matter of City of New York (Public Beach)New York Court of Appeals · 1935
- City of Albany v. StateNew York Court of Appeals · 1971
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