Matter of City of New York (West 134th St.)
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 29, 1911, which reversed an order of Special Term dismissing the petition herein so far as it refers to lands of the appellant. . The facts, so far as material, and the question certified are stated in the opinion. The question certified to this court should he answered in the affirmative.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 29, 1911, which reversed an order of Special Term dismissing the petition herein so far as it refers to lands of the appellant. . The facts, so far as material, and the question certified are stated in the opinion. The question certified to this court should he answered in the affirmative. (L. 1910, ch. 481, § 90; People ex rel. v. N. Y. C. & H. R. R. R. Co., 168 N. Y. 410; Matter of City of New York, 174 N. Y. 26; N. Y. C. & H. R. R. R. Co. v. Untermyer, 133…
1Opinion of the CourtHaight, J.
The question certified is as follows:
“ The municipal authorities, upon notice to and after hearing the New York Central and Hudson River Railroad Company, having determined that it is necessary for the public interests to open 134th Street between Tenth Avenue and the Hudson River across the line of the New York Central and Hudson River Railroad Company, is it necessary to apply to the Public Service Commission under the provisions of Section 90 (formerly Section 61) of the Railroad Law for a determination as to whether the street should pass over or under such railroad or at grade before an…
2Cases cited2 opinions
- N.Y.C. H.R.R.R. Co. v. . City of BuffaloNew York Court of Appeals · 1910
- In Re the Opening of Ludlow StreetNew York Court of Appeals · 1902
3Cited by4 opinions
- Long Island Rail Road v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Great Northern Railway Co. v. Superior CourtCalifornia Court of Appeal · 1932
- Brush v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1916
- Brush v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1916