In re St. Nicholas Terrace
New York Supreme Court
Appeal from special term, New York county. Petition by John F. Pentz and others to determine the title of certain awards made to unknown owners. From an order confirming the report of the referee in favor of petitioners, Ira Shafer, claimant, appeals. Reversed.
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Appeal from special term, New York county. Petition by John F. Pentz and others to determine the title of certain awards made to unknown owners. From an order confirming the report of the referee in favor of petitioners, Ira Shafer, claimant, appeals. Reversed. This is a proceeding to determine the title to certain awards made to “unknown owners’’ for land taken for the opening of St. Nicholas terrace, in which the petitioners, John F. Pentz and others, and the claimant, Ira Shafer, are adverse claimants to the award for certain parcels. The same petitioners, and William R. Hutton and others,…
1Per curiam
We are satisfied that under the conveyances the naked fee of the strip of land called “Pentz Street” was retained in the Pentz estate, and under them abutting owners acquired simply the ordinary street easements over this strip; and, the city having condemned these easements and the fee, that the .amount awarded must be apportioned between the six abutters and the owners of the fee, for the reasons and upon the principle stated in the opinion in Re Opening Eleventh Ave., 81 N. Y. 446. _ The .awards, therefore, should be equitably apportioned between the ■owners of the fee and those persons to…
2Cases cited1 opinion
- In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
3Cited by4 opinions
- Mitchell v. EinsteinNew York Supreme Court · 1904
- In re St. Nicholas TerraceNew York Supreme Court · 1894
- Walker v. MuellerAppellate Division of the Supreme Court of the State of New York · 1914
- Watson v. City of New YorkNew York Supreme Court · 1901