Matter of City 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 10, 1902, which reversed an order of Special Term confirming the report of commissioners of estimate and assessment herein.
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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 10, 1902, which reversed an order of Special Term confirming the report of commissioners of estimate and assessment herein. The city of New York, acting under the authority of chapter 986 of the Laws of 1895, as amended by chapter 719 of the Laws of 1900, built a bridge across the Harlem river, extending from West 145th street on one side, to East 149th street on the other. Damages were awarded by the commissioners to the owners of property affected by the…
1Opinion of the CourtWerner, J.
The majority of the commissioners of estimate, and the learned justice who confirmed their report, proceeded upon the theory, very tersely expressed at Special Term, that the act authorizing the bridge approach did not provide for the taking of land in trust for the purpose of a public street or avenue, and, therefore, the city did not take any of the land under an implied trust to use it for street purposes. The award of both consequential and actual damage was, of course, the logical corollary to that interpretation of the statute. The learned Appellate Division took a broader view of the…
2Cited by21 opinions
- Hallock v. State of New YorkNew York Court of Appeals · 1973
- Matter of City of New York (Ely Avenue)New York Court of Appeals · 1916
- Hudson Manhattan R.R. Co. v. . WendelNew York Court of Appeals · 1908
- Jafco Realty Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1963
- People ex rel. City of New York v. LyonAppellate Division of the Supreme Court of the State of New York · 1906
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