Legal Opinion

Van Loan v. City of New York

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

Decided July 1, 1905PublishedCited by 5 opinions

Appeal by the plaintiff, Henry F. Van Loan, from an interlocutory judgment of the Supreme Court in favor of the defendant, The -City of New York, entered in the office of the clerk of the county of New York on the 20th day of March, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the answer of the said defendant.

1Opinion of the Court

Patterson, J.:

The plaintiff was the owner, as tenant in common, of an undivided one-fourth part of certain real property described in the complaint herein. On the 14th of July, 1896, proceedings were instituted by the mayor, aldermen and commonalty of the city of New York, the predecessor of the present city of New York, to acquire title to lands and tenements in the eleventh ward of the city of New York for the purpose of a public park; and among the parcels of lands embraced in the proceedings was the property described in the complaint. An award was made to the plaintiff for his interest…

2Cases cited5 opinions

  1. Utter v. . RichmondNew York Court of Appeals · 1889
  2. King v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
  3. In re Opening of Seventh AvenueAppellate Division of the Supreme Court of the State of New York · 1901
  4. Chadeayne v. GwyerAppellate Division of the Supreme Court of the State of New York · 1903
  5. Matter of HolmesNew York Court of Appeals · 1892

3Cited by5 opinions

  1. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1934
  2. Wendel v. BinningerAppellate Division of the Supreme Court of the State of New York · 1909
  3. Vallejo & Northern Railroad v. Reed Orchard Co.California Court of Appeal · 1916
  4. United States v. BakerU.S. Circuit Court for the District of Northern New York · 1910
  5. In re the Judicial Settlement of the Account of NelsonNew York Surrogate's Court · 1920

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