In re Simmons
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, made at Special Term and entered in tike office of the clerk of the county of Westchester on the 17th day of March, 1910, setting aside the fifth separate report of : the commissioners in the above-entitled matter, and directing á new trial of the appellants’ claim before a new commission.
1Opinion of the Court
Woodward, J.:
The report, which has been denied confirmation by the .court at Special Term, awarded to the trustees of the estate of Enoch R. Ware the sum of ‘$76,200 as compensation for the land taken and designated oh the maps as damage parcel Ho. 5. The learned court at Special Term has refused confirmation .of this report upon the grdund that the award was made upon the basis of lot values instead of the value of the tract taken as a whole, and, after a careful examination 'of the question, we are . fully persuaded that, , upon the merits, the case is governed by our decision in Matter of…
2Cases cited4 opinions
- Daly v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- In Re Commissioner of Public WorksNew York Court of Appeals · 1906
- Matter of DalyNew York Court of Appeals · 1907
- In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- In re Board of Water SupplyNew York Supreme Court · 1911
- In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1911