In the Matter of Opening Eleventh Avenue
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which confirmed the report of a referee appointed to determine the right of conflicting claimants to an award made herein. The facts are sufficiently set forth in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which confirmed the report of a referee appointed to determine the right of conflicting claimants to an award made herein. The facts are sufficiently set forth in the opinion. The confirmation of the commissioners’ report, awarding the sums in question, was an adjudication conclusive upon all persons whomsoever that the land had not been dedicated, and that the owner thereof was entitled to substantial damages. (In re Dept. of Parks, 73 N. Y. 560; chap. 86, Laws of…
1Opinion of the CourtRapallo, J.
The report of the commissioners making the awards which are the subject of controversy on this appeal, shows upon its face that such awards were designed to cover the value of the interests of all persons interested in the lands taken, and that the persons in whose favor the awards were made, and who are designated as “ unknown owners,” were not restricted to the owners of the ultimate fee, but were intended to embrace all persons having any interest whatever in the lands. The report states that the proprietors, owners of, and parties interested in the several parcels, and their respective…
2Cases cited3 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878
- Cox v. . JamesNew York Court of Appeals · 1871
3Cited by62 opinions
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Matter of City of New YorkNew York Court of Appeals · 1909
- Gates v. . De La MareNew York Court of Appeals · 1894
- Matter of City of New York (Houghton Ave.)New York Court of Appeals · 1934
- In re One Hundred & Sixteenth StreetAppellate Division of the Supreme Court of the State of New York · 1896
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