Legal Opinion

In re the Mayor, Aldermen & Commonalty

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

Decided April 23, 1909PublishedCited by 35 opinions

Appeal by The City of New York and by Henry D. Clark, a property owner, 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 14th day of June, 1906, confirming a special report of the commissioners of estimate and assessment embracing awards for damages caused by the discontinuance and closing of certain streets and avenues in the vicinity of Walton avenue, in the city of New York, and…

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Appeal by The City of New York and by Henry D. Clark, a property owner, 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 14th day of June, 1906, confirming a special report of the commissioners of estimate and assessment embracing awards for damages caused by the discontinuance and closing of certain streets and avenues in the vicinity of Walton avenue, in the city of New York, and assessments assessing the amount of such awards, together with the costs and expenses of the special proceeding, upon…

1Opinion of the Court

Laughlin, J.:

On the 18th day of March, 1897, an order was duly made and entered appointing commissioners of estimate and assessment in proceedings for the opening and laying out of Walton avenue from East One Hundred and Sixty-seventh street to Tremont avenue. Thereafter, from time to time, orders were made on the application of property owners or of persons claiming to be interested in premises alleged to have been damaged by the discontinuance of certain streets in the vicinity of Walton avenue, appointing the same commissioners as commissioners to ascertain and determine the compensation…

2Cases cited11 opinions

  1. King v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
  2. Matter of City of New YorkNew York Court of Appeals · 1908
  3. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
  4. In Re the Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1907
  5. Johnson v. PettitAppellate Division of the Supreme Court of the State of New York · 1907

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3Cited by35 opinions

  1. Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
  2. Barber v. . WoolfNew York Court of Appeals · 1915
  3. In Re Acquiring Title to Wallace AvenueNew York Court of Appeals · 1917
  4. In re MinzesheimerAppellate Division of the Supreme Court of the State of New York · 1911
  5. Matter of City of New York (Newton Avenue)New York Court of Appeals · 1916

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