In re Olinger
Appellate Division of the Supreme Court of the State of New York
Appeal by Archibald E. Watson, as corporation counsel, etc., from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 21st day of July, 1913, granting a peremptory writ of mandamus. ■
1Opinion of the Court
Scott, J.:
The order appealed from must rest, if it be sustained, upon the proposition that the relator has sustained damages by reason of' the alleged closing of Madison avenue of such a nature as to entitle him as matter of strict right to the ascertainment of such damages in the manner provided in the Street Closing Act (Laws of 1895, chap. 1006). The expense of such a proceeding to the city of New York, or to the property owners who are subject to the payment of assessments, is very considerable, and before the relator is entitled to compel the incurring of such expense it is no more than…
2Cases cited13 opinions
- Van Winkle v. . Van WinkleNew York Court of Appeals · 1906
- In re the Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1909
- Woodruff v. . PaddockNew York Court of Appeals · 1892
- Matter of Mayor, Aldermen Commonalty of City of N.Y.New York Court of Appeals · 1909
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Barber v. . WoolfNew York Court of Appeals · 1915
- In Re Acquiring Title to Wallace AvenueNew York Court of Appeals · 1917
- First Nat. Bank of Tucumcari v. LutzNew Mexico Supreme Court · 1923
- Barber v. WoolfAppellate Division of the Supreme Court of the State of New York · 1915
- In re Anonymous No. 131 D.B. 90Supreme Court of Pennsylvania · 1992