Bryan v. Altieri
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Hew York county. Action by Henry C. Bryan against Pasquale Altieri and others to foreclose a mortgage.
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Appeal from special term, Hew York county. Action by Henry C. Bryan against Pasquale Altieri and others to foreclose a mortgage. Defendant Nelson H. Salisbury answered, alleging that previous to the commencement of the suit, and pursuant to Laws 1894, c. 746, authorizing the condemnation of land by the city of New York for public parks, proceedings were commenced by the mayor, aldermen, and commonalty of the city to have the premises condemned for a public park; that such proceedings were duly had, and the estimated value of the premises was fixed and allowed by the commissioners of…
1Per curiam
In view of the opinion in the case of Hill v. Wine (decided by this court Dec. 9, 1898) 54 N. Y. Supp. 893, the answer in the case at bar was not frivolous.
The order should be reversed, with §10 costs and disbursements, and the motion denied, with §10 costs.
2Cases cited1 opinion
- Hill v. WineAppellate Division of the Supreme Court of the State of New York · 1898