In re Mayor
Appellate Division of the Supreme Court of the State of New York
Appeal by the City bf New York from so much of 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 3d day of-July, 1901, as denies the appellant’s motion to confirm tlie report of commissioners of estimate and assessment theretofore appointed herein as to damage parcels- Nos. 1, 4, 8, 33 and 55, and as directs that said report be returned to said commissioners for revision.
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Appeal by the City bf New York from so much of 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 3d day of-July, 1901, as denies the appellant’s motion to confirm tlie report of commissioners of estimate and assessment theretofore appointed herein as to damage parcels- Nos. 1, 4, 8, 33 and 55, and as directs that said report be returned to said commissioners for revision. The commissioners of estimate and apportionment in this proceeding made their final report November 24, 1900. It was presented to the…
1Opinion of the Court
Laughlin, J.:
Counsel for respondents argues that the private easements over the parcels in question have been abandoned or lost by adverse possession. This contention may be well founded and would require serious consideration if the question were before us, but it is not presented. If the property owners had desired to present that question for review, they should have appealed from the order in so far as it limits the commissioners in revising their report to awarding substantial damages on the basis of existing private easements.
Counsel for the appellant contends that the learned justice…
2Cited by2 opinions
- In re Prospect StreetNew York Supreme Court · 1912
- Walker v. MuellerAppellate Division of the Supreme Court of the State of New York · 1914