In Re the Opening of Ludlow Street
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 25, 1901, which affirmed an order of Special Term vacating the appointment of commissioners of estimate and assessment in proceedings to open Ludlow street, in the city of Yonkers, and all proceedings subsequent thereto. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 25, 1901, which affirmed an order of Special Term vacating the appointment of commissioners of estimate and assessment in proceedings to open Ludlow street, in the city of Yonkers, and all proceedings subsequent thereto. The facts, so far as material, are stated in the opinion. The Grade Crossing Law does not apply to the proceeding which was vacated and set aside by the order appealed from. (Craig v. Town of Andes, 93 N. Y. 405; People ex rel. v. Nash, 15 N. Y. Supp. 29; City…
1Opinion of the Court
Parker, Oh. J.
In pursuance of the charter of the city of Yonkers, certain property owners, on Movember 23, 1896, filed a petitxon with the common council of that city praying that a street be so laid out that it should cross the steam surface railroad of the respondent. The petition was on that day duly referred to the board of street opening, which reported thereon on December 27, 1897, approving the petition. In the meantime, however, chapter 754 of the Laws of 1897 was passed — taking effect July 1, 1897, some months before the report was made — which- act so amended the Railroad Law that…
2Cited by7 opinions
- Kugel v. TelseyAppellate Division of the Supreme Court of the State of New York · 1937
- Matter of City of New York (West 134th St.)New York Court of Appeals · 1912
- In re West 134th StreetAppellate Division of the Supreme Court of the State of New York · 1911
- Brush v. New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- Heos v. McCloskeyAppellate Division of the Supreme Court of the State of New York · 1950
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