Trustees of New York & B. Bridge v. Leary
New York Supreme Court
Proceeding by the trastees of the Hew York & Brooklyn Bridge to acquire title to land owned by Thomas J. Leary and others. The amount of the award for the land of said Leary was paid to him pursuant to a decision that his wife’s inchoate right of dower could not be recognized as against him in the award. Said order was afterwards reversed, and the trustees now move to compel said Leary to make restitution.
1Opinion of the CourtDykmah, J.
This is a motion addressed to the general term in the first instance for an order to compel restitution of the sum of $6,711. Previous to 1893 proceedings were instituted for the condemnation of real property of Thomas J. Leary, under the right of eminent domain, for the purposes of the Hew York & Brooklyn *1003Bridge, and they were conducted to completion. The sum of $31,-000 was awarded to Leary as compensation for the premises so condemned. There was a mortgage upon the premises, and, after deducting the amount of that mortgage, which was paid from- the award, one-third of the remainder was…
2Cases cited1 opinion
- In re New York & Brooklyn BridgeNew York Supreme Court · 1894
3Cited by3 opinions
- Flynn v. FlynnMassachusetts Supreme Judicial Court · 1898
- United States v. Certain LandsCourt of Appeals for the Second Circuit · 1942
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1935