In re the Mayor, Aldermen & Commonalty
Appellate Division of the Supreme Court of the State of New York
Appeal by the City of New York 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 17th day of March, 1913, which resettled a prior order granting a motion by the petitioner, Philip Woolley, for a reference to the commissioners of estimate and assessment in this proceeding of his claim for damages arising from the discontinuance of an established street.
1Opinion of the Court
Scott, J.:
The petitioner is the owner of property abutting upon Hawk-stone street (also known as Sixth avenue) in the borough of *776the Bronx, city of New York. He and his grantors have owned said property since prior to July 5, 1905, on which date said Hawkstone street became legally closed and discontinued as a public street under the so-called Street Closing Act (Laws of 1895, chap. 1006) by the physical opening of One Hundred and Seventy-second street, one of the streets bounding the square or plot within which petitioner’s property is located as shown upon the permanent plan filed on…
2Cases cited3 opinions
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Opening of Richard StreetAppellate Division of the Supreme Court of the State of New York · 1910
- Matter of City of New YorkNew York Court of Appeals · 1912
3Cited by1 opinion
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916