In re City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the Portland Realty Company from part of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of March, 1909, confirming the report of commissioners of estimate and assessment herein as to awards made for damage parcels Nos. 3 and 4.
1Opinion of the Court
Soott, J.:
In this proceeding for the opening of One Hundred and Seventy-seventh street the controversy brought up by the appeal from the order of confirmation is between the owner of a portion of the bed of the street and the owner of abutting lots on both sides of the street. By the resolution of the board of estimate and apportionment authorizing the opening of the street it was ordered that the whole cost and expense of the proceeding should be assessed upon the property deemed to be benefited thereby. Consequently the owners of the lands abutting upon the street have a direct interest in…
2Cases cited3 opinions
- In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
- Matter of City of New YorkNew York Court of Appeals · 1909
- In re the Opening of Brook AvenueAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- Matter of City of N.Y. (Northern Blvd.)New York Court of Appeals · 1932
- City of Albany v. StateNew York Court of Appeals · 1971
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- In re City of New YorkNew York Supreme Court · 1934
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
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