Legal Opinion

De Peyster v. . Mali

New York Court of Appeals

Decided April 17, 1883PublishedCited by 11 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 30, 1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 30, 1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. (Reported below, 27 Hun, 439.) This action was brought under the act chapter 86, Laws of 1813 (§ 184), to recover from defendants certain awards, made by the commissioners of estimate and assessment in the city of New York, which' awards were made to Henry W. T. Mali, now deceased, and were paid by the city to his heirs, the defendants herein.…

1Opinion of the CourtEarl, J.

Under and pursuant to the provisions of the act chapter 697of the Laws of 1867, the board of commissioners of the Central park laid out and established the Riverside drive, and also the Riverside park adjoining the same. The land taken for the park was owned in fee by the heirs of Henry W. T. Mali, and was bounded on the east by the westerly line of the Bloomingdale road. The plaintiff owned in fee the land in the westerly half of the Bloomingdale road, which land was subject to a perpetual easement for the public road and a private easement for the owners of the abutting land; and the…

2Cases cited1 opinion

  1. Matter of Commissioners of Central ParkNew York Court of Appeals · 1872

3Cited by11 opinions

  1. State Highway Board v. BaxterSupreme Court of Georgia · 1928
  2. In re the Opening of Brook AvenueAppellate Division of the Supreme Court of the State of New York · 1899
  3. Poillon v. . GerryNew York Court of Appeals · 1904
  4. Mansfield v. City of LockportNew York Supreme Court · 1898
  5. In re Opening Belmont StreetAppellate Division of the Supreme Court of the State of New York · 1908

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