In Re City of New York for the Appointment of Commissioners of Estimate & Assessment
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1919, which affirmed an order of Special Term confirming the report of commissioners of estimate and assessment in street closing proceedings. 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 first judicial department, entered December 30, 1919, which affirmed an order of Special Term confirming the report of commissioners of estimate and assessment in street closing proceedings. The facts, so far as material, are stated in the opinion. Commissioners of estimate are limited solely to the ascertainment of the “ compensation justly to be made; ” have no authority whatever to determine a dispute of title, and must, therefore, upon a dispute raised, make the award to “ unknown owner,” leaving…
1Opinion of the CourtCardozo, J.
This is a proceeding under Laws of 1895, chapter 1006, to ascertain the damages caused to abutting owners by the closing of Old Kingsbridge road in the city of New York, and the appropriation and extinguishment of easements therein.
Kingsbridge road was discontinued as a street on November 2, 1895, through the filing of an official map by the commissioner of street improvements of the twenty-third and twenty-fourth wards of the city of New York. Damage parcels 13 to 17 inclusive are the subject of this controversy. One of the streets laid out upon the map as bounding the block in which those…
2Cases cited12 opinions
- King v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- In re Department of Public ParksNew York Supreme Court · 1889
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- Magee v. . City of BrooklynNew York Court of Appeals · 1894
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3Cited by2 opinions
- Matter of City of N.Y. (Vernon Parkway)New York Court of Appeals · 1941
- Patouillet v. StateAppellate Division of the Supreme Court of the State of New York · 1972