Legal Opinion

In re the City of New York

New York Supreme Court

Decided April 15, 1911Published

Proceeding for the opening and extension of a street.

1Opinion of the CourtGreenbaum, J.

This is a proceeding for the opening of Tremont avenue from the Eastern boulevard to Fort Schuy • ler road. The fee of the bed of Tremont avenue at the time of the institution of these proceedings was vested in the abutting property owners, subject to a public easement acquired by the town of Westchester under chapter 720 of the Laws of 1869. The object of these proceedings is to acquire the fee of the avenue, and it further appears that as part of a contemplated plan of improvement the grade of the avenue is to be raised to some fifteen feet above its present level. Various objections have…

2Cases cited8 opinions

  1. Sauer v. . City of New YorkNew York Court of Appeals · 1904
  2. City of Buffalo v. . PrattNew York Court of Appeals · 1892
  3. Potter v. BoyceAppellate Division of the Supreme Court of the State of New York · 1902
  4. Kelsey v. KingNew York Supreme Court · 1860
  5. City of Schenectady v. Trustees of Union CollegeNew York Court of Appeals · 1894

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