In Re Acquiring Title to Wallace Avenue
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1917, which affirmed an order of Special Term directing the commissioners of estimate and assessment in the above-entitled proceeding to ascertain and determine the compensation which should be made to the respondent for damages to her property by reason of the closing of a street.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1917, which affirmed an order of Special Term directing the commissioners of estimate and assessment in the above-entitled proceeding to ascertain and determine the compensation which should be made to the respondent for damages to her property by reason of the closing of a street. The following question was certified: “ Were the easements for street purposes of Mary E. Farrelly in and over Graham street extinguished by operation of the provisions of chapter…
1Opinion of the CourtCuddeback, J.
This appeal brings up for consideration the provisions of chapter 1006, Laws of 1895, known as the Street Closing Act.
The petitioner, Mary E. Farrelly, is the owner of certain lots fronting on Graham street in the borough of The Bronx, New York city, which street, she alleges, was closed by the filing of a map under the Street Closing Act. She asks that the commissioners of estimate and appraisal appointed in this proceeding be directed, as provided in section 14 of the statute, to ascertain and determine the compensation which she should receive for the closing of the street.
The first…
2Cases cited7 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- People v. . UnderhillNew York Court of Appeals · 1895
- In re the Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1909
- Smith v. . SmytheNew York Court of Appeals · 1910
- Barber v. . WoolfNew York Court of Appeals · 1915
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3Cited by16 opinions
- City of St. Louis v. Gerhart Realty Co.Supreme Court of Missouri · 1931
- Johnson v. . City of Niagara FallsNew York Court of Appeals · 1920
- Goldrich v. Franklin Gardens Corp.Appellate Division of the Supreme Court of the State of New York · 1953
- Nichols Copper Co. v. ConnollyAppellate Division of the Supreme Court of the State of New York · 1924
- Watson v. City of AlbuquerqueNew Mexico Supreme Court · 1966
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