People Ex Rel. Wallaston Realty Co. v. . Craig
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 23, 1920, which unanimously affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant to pay to the relator the amount of an award in proceedings to open Seventeenth avenue in the borough of Brooklyn. The facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 23, 1920, which unanimously affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant to pay to the relator the amount of an award in proceedings to open Seventeenth avenue in the borough of Brooklyn. The facts, so far as material, are stated in the opinion. The award being payable to a person specifically designated in the commissioners’ report as owner of and competent to claim the award, in the absence of…
1Opinion of the CourtChase, J.
In 1900 commissioners of estimate and assessment were appointed in a proceeding instituted by the city of New York to acquire title to lands required for the opening of Seventeenth avenue from Flatbush fine to Bath avenue in the borough of Brooklyn, city of New York. The commissioners made their report in the proceeding in' which they awarded to Walter E. Duryea $7,500 for part of the land taken by the city, known in the proceeding as damage parcels Nos. 28 and 29. The report of the commissioners was confirmed by the court December 29, 1905, and on that day title to the property described in…
2Cases cited4 opinions
- In Re the Trustees of the New York & Brooklyn Bridge to Acquire Lands of ClarkNew York Court of Appeals · 1893
- Salter v. . Utica Black River Railroad Co.New York Court of Appeals · 1881
- People ex rel. Wallaston Realty Co. v. CraigAppellate Division of the Supreme Court of the State of New York · 1920
- People ex rel. Wallaston Realty Co. v. CraigAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- In re Long Island RailroadNew York Supreme Court · 1940
- In re BergenAppellate Division of the Supreme Court of the State of New York · 1923