In re Bensel
Appellate Division of the Supreme Court of the State of New York
Arrear by John A. Bensel and others, constituting the hoard of water supply of the city of New York, and another, from an order of the Supreme -Court, made at the Columbia Special Term and entered in the office of the clerk of the county of Ulster on the 30th day of June, 1911, confirming the report of the commissioners of appraisal of Ashokan Beservoir, section 18, in respect to the awards of parcel 916, and directing the payment of witness and counsel fees, and reserving…
Read the full summary
Arrear by John A. Bensel and others, constituting the hoard of water supply of the city of New York, and another, from an order of the Supreme -Court, made at the Columbia Special Term and entered in the office of the clerk of the county of Ulster on the 30th day of June, 1911, confirming the report of the commissioners of appraisal of Ashokan Beservoir, section 18, in respect to the awards of parcel 916, and directing the payment of witness and counsel fees, and reserving to the claimants the right to proceed in another proceeding for the injury to business.
1Opinion of the Court
Smith, P. J.:
Upon May 22, 1909, the commission was appointed which had jurisdiction of the claim in question. That commission was appointed upon a petition of the board of water supply of the city of New York, for the appointment thereof “to ascer: tain and appraise the compensation to be made to the owners of and all persons interested in the real estate laid down on said maps as proposed, to be taken or affected for the purposes indicated in said act, and to exercise and discharge all the powers and duties conferred upon commissioners of appraisal by said act or the acts amendatory thereof…
2Cases cited2 opinions
- People Ex Rel. Burhans v. City of New YorkNew York Court of Appeals · 1910
- People ex rel. Lasher v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Nation v. MontgomerySupreme Court of Alabama · 1934