Legal Opinion

In re Scheibel

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

Decided June 25, 1920Published

Reargument of an appeal by William P. Burr, as corporation counsel of the city of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 4th day of October, 1919, granting a writ of mandamus requiring the corporation counsel to institute proceedings under the Street Closing Act (Laws of 1895, chap. 1006) to determine the compensation due said Christian Scheibel for closing…

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Reargument of an appeal by William P. Burr, as corporation counsel of the city of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 4th day of October, 1919, granting a writ of mandamus requiring the corporation counsel to institute proceedings under the Street Closing Act (Laws of 1895, chap. 1006) to determine the compensation due said Christian Scheibel for closing Stewart avenue originally in the town of New Utrecht. (See 192 App. Div. 888.) The opinion of the Special Term is reported in…

1Opinion of the Court

Putnam, J.:

By a map filed in 1839 the streets, avenues and public squares of the sixth, seventh, eighth and ninth wards of the former city of Brooklyn were laid out in a regular numbered series extending to the New Utrecht town line. New Utrecht then had the few streets and roads of an agricultural community. Among such streets was Stewart avenue, first shown on a map of property of the heirs of Jane Smith, filed in 1834 with the clerk of Kings county. It was subsequently laid out and extended by a special act (Laws of 1843, chap. 47).

A town survey commission of Kings county was formed by…

2Cases cited5 opinions

  1. Matter of City of N.Y. (Grand Boulevard)New York Court of Appeals · 1914
  2. Matter of City of New York (Saratoga Ave.)New York Court of Appeals · 1919
  3. People ex rel. Chedsey v. City of New YorkNew York Supreme Court · 1918
  4. People ex rel. Nelson v. MarshAppellate Division of the Supreme Court of the State of New York · 1903
  5. People Ex Rel. Nelson v. . MarshNew York Court of Appeals · 1904

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