Legal Opinion · Concurring in part, dissenting in part

In re the City of New York

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

Decided May 8, 1914Published

Appeal by Title Insurance Company 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 1st day of May, 1912, confirming the awards of the commissioners of estimate and the commissioner of assessment herein.

1Concurring in part, dissenting in partLaughlin, J.

The appellant acquired title to damage parcels 10B, 12C, 7, 8, 9, 10A and 12B from the Kingsbridge Company after the auction sale by that company, and, therefore, subject to the rights of the purchasers at such sale. The appellant was *245awarded nominal damages only for each of these parcels. Those awards were evidently made on the theory that the parcels are subject to easements in favor of the purchasers at the auction sale or of some of them. On the map on which appellant’s grantor induced the purchase of lots at the auction sale damage parcels 10B and 12C were shown as a “Park,” and damage…

2Cases cited9 opinions

  1. Reis v. . City of New YorkNew York Court of Appeals · 1907
  2. City of Buffalo v. . PrattNew York Court of Appeals · 1892
  3. In re One Hundred & Sixteenth StreetAppellate Division of the Supreme Court of the State of New York · 1896
  4. Rasch v. . Nassau Electric Railroad Co.New York Court of Appeals · 1910
  5. Mayne v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1912

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