Matter of Adams
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 1, 1893, which reversed an order of Special Term denying a motion to confirm the report of commissioners of estimate, granted said motion and confirmed said report. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 1, 1893, which reversed an order of Special Term denying a motion to confirm the report of commissioners of estimate, granted said motion and confirmed said report. The facts, so far as material, are stated in the opinion. Onus of establishing dedication of lands by owner to public use is upon party setting np same and claiming to dispose of, u.se or. otherwise-interfere with sueli lands on the basis of sueli dedication. (Holdane v. Trustees Cold Spring, 21 N. Y. 477.) Respondent failed…
1Opinion of the CourtO’Brien, J.
The municipal authorities of Brooklyn instituted proceedings under chapter 365 of the Laws of 1889, as amended by chapter 452 of the Laws of 1890, to acquire title to lands for street purposes within the lines of Fifty-first street between Third and Fourth avenues as laid out upon the commissioners’ map. This land formerly belonged-to Thomas. Hunt, who died in the year 1878, leaving a will, and his executor claimed substantial damages for the taking of the land, but the commissioners of appraisal awarded only nominal damages. The court at Special Term refused to confirm the-report of the…
2Cases cited2 opinions
- In Re Vil. of Olean v. . SteynerNew York Court of Appeals · 1892
- In Re Common Council Ex Rel. Opening of North Thirteenth StreetNew York Court of Appeals · 1878
3Cited by26 opinions
- Boston Chamber of Commerce v. City of BostonSupreme Court of the United States · 1910
- Tanner v. Provo Bench Canal & Irrigation Co.Utah Supreme Court · 1911
- In re MayorAppellate Division of the Supreme Court of the State of New York · 1903
- Kerrigan v. BackusAppellate Division of the Supreme Court of the State of New York · 1902
- City of Lewiston v. BrintonIdaho Supreme Court · 1925
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