Matter of Mayor, Etc., of New York
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 16, 1907, which reversed an order of Special Term confirming the report of commissioners of estimate and assessment in the above-entitled proceeding.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 16, 1907, which reversed an order of Special Term confirming the report of commissioners of estimate and assessment in the above-entitled proceeding. This is a condemnation proceeding instituted by the city of New York for the purpose of acquiring title to certain lands, riparian rights, easements, etc., on the easterly shore of the North river in the territory which may be generally referred to as bounded on the south by Forty-second street, and on the north…
1Opinion of the CourtWerner, J.
The long delay in the decision of this case has been due to the repeated consideration of conflicting views upon questions as to which the members of the court are now in accord. The question in the case which underlies all others is whether the American Tee Company has a valid and existing right to maintain a pier in the North river at the foot “ of Forty-third street. In the case of Knickerbocker Ice Company v . Forty-second Street & Grand St. Ferry R. R. Co. (176 N. Y. 408) we held that the plaintiff there was the grantee of a “right to maintain a pier, and to collect wharfage, etc., at…
2Cases cited2 opinions
- Knickerbocker Ice Co. v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1903
- Wetmore v. StoryNew York Supreme Court · 1856
3Cited by6 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- Greenberg v. City of New YorkNew York Supreme Court · 1934
- American Ice Co. v. . City of New YorkNew York Court of Appeals · 1916
- Schumacher v. City of Clear LakeSupreme Court of Iowa · 1931
- Appleby v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1922
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