Legal Opinion

In re the Discontinuance of a Portion of Joiner Street in the City of Rochester

Appellate Division of the Supreme Court of the State of New York

Decided March 14, 1917PublishedCited by 19 opinions

Appeal by the ¡New York Central and Hudson River Rail-, road Company from a resolution adopted by the common council of the city of Rochester on the 22d day of June, 1915, confirming the report of commissioners appointed to assess the damages in a proceeding to discontinue part of a street, which resolution was filed in the office of the clerk of the city of Rochester on the same day, and a certified copy of which was filed in the office of the clerk of the county of Monroe…

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Appeal by the ¡New York Central and Hudson River Rail-, road Company from a resolution adopted by the common council of the city of Rochester on the 22d day of June, 1915, confirming the report of commissioners appointed to assess the damages in a proceeding to discontinue part of a street, which resolution was filed in the office of the clerk of the city of Rochester on the same day, and a certified copy of which was filed in the office of the clerk of the county of Monroe on the 16th day of July, 1915. Motion by the respondents Mary C. Kosterer and others to dismiss the appeal made at the…

1Opinion of the Court

De Angelis, J.:

This appeal comes here pursuant to section 446 of the charter of the city of Rochester (Laws of 1907, chap. 755), as amended by chapter 384 of the Laws of 1911.

In order to enable the New York Central and Hudson River Railroad Company to build a new station and increase its railroad facilities in connection therewith in the city of Rochester, and thereby assist in obtaining a great public improvement in such city, and in developing greater facilities for travel in, to and from such city, the common council of the city on the 26th day of April, on the 24th day of May, and on the…

2Cases cited3 opinions

  1. Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
  2. Reis v. . City of New YorkNew York Court of Appeals · 1907
  3. Egerer v. New York Central & Hudson River R. R.New York Court of Appeals · 1891

3Cited by19 opinions

  1. Wofford v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1965
  2. Thompson v. Shell Petroleum Corp.Supreme Court of Florida · 1938
  3. Dwornik v. StateAppellate Division of the Supreme Court of the State of New York · 1937
  4. In re the Corp. CounselAppellate Division of the Supreme Court of the State of New York · 1919
  5. Buffalo Co-operative Stove Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1937

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