In re Bensel
Appellate Division of the Supreme Court of the State of New York
Arrear by John A. Bensel and others, constituting the hoard of water supply of the city of New York, and another, from an order of the Supreme -Court, made at the Columbia Special Term and entered in the office of the clerk of the county of Ulster on the 30th day of June, 1911, confirming the report of the commissioners of appraisal of Ashokan Beservoir, section 18, in respect to the awards of parcel 916, and directing the payment of witness and counsel fees, and reserving…
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Arrear by John A. Bensel and others, constituting the hoard of water supply of the city of New York, and another, from an order of the Supreme -Court, made at the Columbia Special Term and entered in the office of the clerk of the county of Ulster on the 30th day of June, 1911, confirming the report of the commissioners of appraisal of Ashokan Beservoir, section 18, in respect to the awards of parcel 916, and directing the payment of witness and counsel fees, and reserving to the claimants the right to proceed in another proceeding for the injury to business.
1DissentBetts, J.
I dissent. The form of the petition here is the petition that is. used in the condemnation proceedings by the board of water supply of the city of New York to condemn the. fee of the real estate. '(See Matter of Simmons, 58 Misc. Rep. 581, 584, where practically the contents of a petition similar to the one used in this case are set forth.) It seeks to condemn the fee of the real estate only.
' ' The order appointing the commissioners recites that it appears. *559that the application of the real estate described in said petition is necessary for the purposes of providing an additional supply of…
2Cases cited3 opinions
- People Ex Rel. Burhans v. City of New YorkNew York Court of Appeals · 1910
- In re SimmonsNew York Supreme Court · 1908
- In re Board of Water CommissionersAppellate Division of the Supreme Court of the State of New York · 1902