Legal Opinion

People ex rel. Volkening v. Prendergast

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

Decided May 31, 1912PublishedCited by 2 opinions

Appeal by the defendant,' William A. Prendergast, as comptroller of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office' of the clerk of the county of New York on the 5th day of December, 1911, granting a peremptory writ of mandamus.

1Opinion of the Court

McLaughlin, J.:

The relator’s testatrix on May 10, 1889, acquired title to certain real estate in the city of New York designated on the tax maps of the city as “ Block No. 2414, Lots Nos. 1, 3, 4, 5, 6, Y,

8 and 9.” Some time in 1892 she conveyed the title to all of the lots to one Algie by a deed of conveyance which was recorded ■ in the register’s office of the county of New York on October eighteenth of that year. The lots abutted on Morris avenue, the grade of which was physically changed in 1891 and while she held the title.

*666On July 31, 1905, pursuant to chapter 537 of the Laws of 1893, as…

2Cases cited7 opinions

  1. Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
  2. Heiser v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1887
  3. People ex rel. Central Trust Co. v. StillingsAppellate Division of the Supreme Court of the State of New York · 1910
  4. Matter of Melenbacker v. . Vil. of SalamancaNew York Court of Appeals · 1907
  5. People Ex Rel. Central Tr. Co. of New York v. . StillingsNew York Court of Appeals · 1910

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3Cited by2 opinions

  1. People ex rel. Janes v. DickeyAppellate Division of the Supreme Court of the State of New York · 1912
  2. People ex rel. Janes v. DickeyAppellate Division of the Supreme Court of the State of New York · 1912

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