Legal Opinion

In re the City of New York

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

Decided February 8, 1907PublishedCited by 1 opinion

Appeal by Elbridge T. Gerry and others from an order of' the Supreme Court, made at the Yew York Special Term and entered in the office of the. clerk of the county of Yew York on the 2oth day of July, 1906, overruling objections to the confirmation of the corrected report of the commissioners of estimate and assessment in condemnation proceedings, and also from an intermediate order entered in said clerk’s office on the 16th day of May, 1906,-sustain-ing the objections of…

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Appeal by Elbridge T. Gerry and others from an order of' the Supreme Court, made at the Yew York Special Term and entered in the office of the. clerk of the county of Yew York on the 2oth day of July, 1906, overruling objections to the confirmation of the corrected report of the commissioners of estimate and assessment in condemnation proceedings, and also from an intermediate order entered in said clerk’s office on the 16th day of May, 1906,-sustain-ing the objections of the city of Yew York to the confirmatidn of the original report of said commissioners.

1Opinion of the Court

Clarke, J. :

This proceeding was brought by the city of Yew York through the commissioner of docks to acquire the interests not owned by the city in pier old Yo. 19 and pier old Yo. 20, East river, and the bulkhead rights appurtenant to the bulkhead between said.piers. While the rights of the city and the claimants to the piers in question were undivided-, yet said piers were, by practical construction, divided between the city and the claimants, so that the city was treated as the owner of the westerly half of pier old Yo. 19, and the easterly half of pier old Yo. 20, the other halves of the…

2Cases cited3 opinions

  1. People v. MalloryNew York Supreme Court · 1873
  2. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
  3. Matter of City of New YorkNew York Court of Appeals · 1906

3Cited by1 opinion

  1. In re Piers Old Nos. 16 & 17, East RiverAppellate Division of the Supreme Court of the State of New York · 1910

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