In re the Bronx Parkway Commission
Appellate Division of the Supreme Court of the State of New York
Appeal by Bronx Parkway Commission from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 1st day of October, 1919, which confirms the report of the commissioners of appraisal appointed in condemnation proceedings.
1Opinion of the Court
Jenks, P. J.:
Every intendment is in favor of the report. (New York Central & H. R. R. R. Co. v. Newbold, 166 App. Div. 195, and cases cited.) I am not convinced that the commissioners followed an erroneous principle which affected the award or that the award is so excessive as to be palpably unjust.
The alleged error of erroneous principle is the adoption of testimony of “ speculative development.” The defendant adduced considerable testimony from witnesses of whom several were of high standing and of great experience, as to the availability of this land for many different industrial purposes.…
2Cases cited12 opinions
- United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- In Re Acquiring Title by City of New YorkNew York Court of Appeals · 1910
- Daly v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- City of Syracuse v. . StaceyNew York Court of Appeals · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1930
- In re HuieNew York Court of Appeals · 1956
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1921
- United States v. Village of Highland FallsCourt of Appeals for the Second Circuit · 1946
- Board of Supervisors v. Sherlo Realty, Inc.New York Supreme Court · 1961
6 more not listed; retrieve them via the Exa API.