Goodrich v. Village of Otego
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Otego, N. Y., from an order of the Supreme Court, made at the Delaware Special Term and entered in the office of the clerk of the county of Otsego on the 11th day of November, 1912.
1Opinion of the Court
Lyon, J.:
The important question involved upon this appeal is whether one of the owners of an estate in entirety can institute and maintain a proceeding for an assessment of damages to property so owned, without the cotenant being a party to the proceeding.
Since 1904 the respondent and his wife, Flora 0. Goodrich, have been the owners and in possession as tenants by the entirety of real estate situated upon the easterly side of River street in the village of Otego, N. Y. In 1911 the village, which had exclusive control and jurisdiction of the streets therein, macadamized River street, making a…
2Cases cited10 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Hiles v. . FisherNew York Court of Appeals · 1895
- Bertles v. . NunanNew York Court of Appeals · 1883
- Stelz v. . ShreckNew York Court of Appeals · 1891
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
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3Cited by4 opinions
- Stout v. Van ZanteOregon Supreme Court · 1923
- In re the Estate of WeidenNew York Surrogate's Court · 1933
- Stuart v. Village of LynbrookNew York Supreme Court · 1938
- Goodrich v. Village of OtegoAppellate Division of the Supreme Court of the State of New York · 1915