Legal Opinion · Concurrence

Simms v. City of Brooklyn

New York Supreme Court

Decided May 13, 1895Published

Appeal from special term, Kings county. Action by Maria O. Simms, as executrix of Henry 0. Simms, deceased, against the city of Brooklyn, to recover an award made for land taken for street purposes. Judgment was entered in favor of defendant, and plaintiff appeals.

1ConcurrenceCullen, J.

I concur in the opinion delivered by Justice BROWN. As the result of this opinion is a decision opposed to that made by the city court of Brooklyn in Charde v. City of Brooklyn, 8 Misc. Rep. 598, 29 N. Y. Supp. 390, I have examined the record in that case. There it was conceded and found “that many years elapsed after the making, filing, and • confirmation of said report of said commissioners, without anything further being done towards the completion of the widening of North Second street; and it was not known whether said defendant would finish said work, or whether the making of said…

2Cases cited1 opinion

  1. Charde v. City of BrooklynNew York City Court · 1894

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