In re Acquiring Title by the City of New York
New York Supreme Court
Motions by certain property owners that the testimony of the city’s witnesses relative to value of buildings on premises be stricken out.
1Opinion of the CourtBenedict, J.
A preliminary question is raised by the motions of certain property owners that the testimony of the city’s witnesses relative to the value of the buildings on the premises acquired in this proceeding be stricken out or disregarded on the ground that the buildings had been razed before the ease was brought to trial and hence before the trial justice had an opportunity to view the premises.
Section 1445 of the charter provides in part that, “ It shall be the duty of the justice trying any such proceeding, to view the real property to be thereby acquired.” An earlier section, 1435, provides in…
2Cases cited4 opinions
- Blade v. NolandNew York Supreme Court · 1834
- State ex rel. Bixby v. City of St. LouisSupreme Court of Missouri · 1912
- Mason v. . LibbeyNew York Court of Appeals · 1882
- West v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- In re Felix Louis R.New York Family Court · 1978