Legal Opinion

In re North Third Avenue

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 3 opinions

Appeal by the New York, New Haven and Hartford Railroad • Company, a party to the proceeding, from a decision and determina: tion of the common council of the city of Mount Vernon, made November 29* 1897, that the extension of North Third-avenue, in the said city, across the railroad tracks of the New York, New Haven and Hartford Railroad Company to First street, directly opposite South Third avenue, in said city, is necessary.

1Opinion of the Court

Cullen, J.:

Upon a motion hitherto made in this proceeding for the appointment of a referee we expressed some doubt as to whether, by chapter 754 of the Laws of 1897, an appeal to this court is given from the determination of a municipal corporation to lay out a highway across a railroad. (Matter of Extension of North Third Avenue, etc., 30 App. Div. 256.) While we have not thus far been able to -relieve ourselves of the doubt we then entertained, still, on the whole, we are of the opinion that the preferable construction of the statute gives the railroad company the right of appeal on the…

2Cases cited2 opinions

  1. In re New Hamburg & Poughkeepsie Connecting RailroadNew York Supreme Court · 1894
  2. In re the Extension of North Third Avenue To First StreetAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by3 opinions

  1. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
  2. In re Laying Out & Opening Ludlow StreetAppellate Division of the Supreme Court of the State of New York · 1901
  3. In re City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900

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