Legal Opinion

Ray v. New York Bay Extension Railroad

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

Decided July 1, 1898PublishedCited by 5 opinions

Appeal by the defendant, The New York Bay Extension Railroad Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 3d day of May, 1898, denying the defendant’s motion to open and correct the judgment entered therein.

1Opinion of the Court

Hatch, J.:

The findings and the judgment in this action seem to conclusively settle that the plaintiff is the owner of some land within the boundary of Cedar avenue, and also that she possesses an easement therein, giving a right of access to and from her ¡premises, in front of which the embankment has been constructed and over which the defendant operates its railroad. This right of the plaintiff, in and to this street, the judgment directs the defendant to take proceedings to *4condemn. The application to the court upon this motion was to have the judgment opened, amended and corrected, so as…

2Cases cited4 opinions

  1. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  2. Holloway v. . SouthmaydNew York Court of Appeals · 1893
  3. Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
  4. Heath v. New York Building Loan Banking Co.New York Court of Appeals · 1895

3Cited by5 opinions

  1. Meldon v. DevlinAppellate Division of the Supreme Court of the State of New York · 1899
  2. Ray v. New York Bay Extension RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  3. Bird v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
  4. Allen v. TriggeAppellate Division of the Supreme Court of the State of New York · 1926
  5. Spofford v. PearsallNew York Supreme Court · 1899

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