In the Matter of the Petition of Barclay
New York Court of Appeals
Appeal from order of the General Term of the Supreme • Court, in the first judicial department, made April 10,1882, which reversed an order of Special Term, vacating an assessment upon certain lots of the petitioner in the city of New York for closing “ Bloomingdale road,” and which denied the prayer of the petitioner.
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Appeal from order of the General Term of the Supreme • Court, in the first judicial department, made April 10,1882, which reversed an order of Special Term, vacating an assessment upon certain lots of the petitioner in the city of New York for closing “ Bloomingdale road,” and which denied the prayer of the petitioner. The road was closed by the commissioners of Central park under chapter 697, Laws of 1867, and the damages to the owners of land on said road were assessed upon the property benefited.
1Opinion of the Court
Andrews, Ch. J.
The most serious question in this case is whether the owners of property fronting on the old Bloomingdale road in the city of Hew York, are entitled under the act of 1867 (Laws of 1867, chap. 697), to damages for the closing of that road. If they are not so entitled, the assessment on the petitioner’s lots, for the purpose of paying the awards, is without foundation.
By the said act the commissioners of Central park were empowered to lay out anew the district between Eighth avenue and Hudson river, from Fifty-ninth to One Hundred and Fifty-fifth street. They were authorized to…
2Cases cited1 opinion
- In the Matter of the Petition of RobbinsNew York Court of Appeals · 1880
3Cited by3 opinions
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Estate of SmithNew York Surrogate's Court · 1891
- In re MayorAppellate Division of the Supreme Court of the State of New York · 1900