Legal Opinion

In re Mayor, Aldermen, & Commonalty of New York

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

Decided December 7, 1906PublishedCited by 14 opinions

Appeal by Bernard C. Murray 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 29th day of June, 1905, resettled by an order bearing date the 21st day of March,' 1906, and entered in' said clerk’s office, in so far as said order confirms that portion of the report of the commissioners of estimate and assessment in the above-entitled proceedings, which" awards damages to Charles…

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Appeal by Bernard C. Murray 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 29th day of June, 1905, resettled by an order bearing date the 21st day of March,' 1906, and entered in' said clerk’s office, in so far as said order confirms that portion of the report of the commissioners of estimate and assessment in the above-entitled proceedings, which" awards damages to Charles Pitchie for the taking of certain lands for a street opening. , ,,

1Opinion of the Court

Clarke, J.:

This is an appeal from part of an order of the Special Term confirming the final report of the commissioners of estimate and. assess*253ment in street opening proceedings. There is hut one question involved, and that is the determination of the rival claims to an award for the damage to one parcel. The facts appear to be as follows :

One Charles A. Stadler was heretofore the owner of a large parcel. of land' situate in the twenty-third ward of the city of New York. He caused a map of the property divided into 155 building lots to be made and filed in the office of the register of the…

2Cases cited4 opinions

  1. Utter v. . RichmondNew York Court of Appeals · 1889
  2. Gates v. . De La MareNew York Court of Appeals · 1894
  3. Magee v. . City of BrooklynNew York Court of Appeals · 1894
  4. Patterson v. . City of BinghamtonNew York Court of Appeals · 1897

3Cited by14 opinions

  1. Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
  2. Matter of City of SyracuseNew York Court of Appeals · 1918
  3. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
  4. New York Central & Hudson River Railroad v. CottleNew York Supreme Court · 1917
  5. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916

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