Matter of City of New York (Newport Ave.)
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 1, 1915, modifying and affirming an order of Special Term dismissing a petition for the appointment of commissioners in street opening proceedings.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 1, 1915, modifying and affirming an order of Special Term dismissing a petition for the appointment of commissioners in street opening proceedings. The facts, so far as material, are stated in the opinion; The rights granted by the landowners to the railway company for the construction and operation of the railroad in the premises sought to be condemned could not prevent the city from acquiring the fee of the land in trust for street purposes, unincumbered with the right of…
1Opinion of the CourtCardozo, J.
This is a proceeding in behalf of the city of New York for the opening of Newport avenue, Adirondack Boulevard and Neponsit avenue, in the borough of Queens. The property owners have tendered to the city conveyances of the land in the streets “ subject to and excepting and reserving all rights in and to said streets of Ocean Electric Railway Co.” If the rights of the Ocean Electric Railway Company are not subject to condemnation, the form of deed is sufficient, and the proceeding must fail (Greater N. Y. Charter, § 992, now amended by L. 1915, ch. 606). If the rights of the Ocean Electric…
2Cases cited8 opinions
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
- Suburban Rapid Transit Co. v. Mayor of New YorkNew York Court of Appeals · 1891
- N.Y.C. H.R.R.R. Co. v. . City of BuffaloNew York Court of Appeals · 1910
- People v. . FlackNew York Court of Appeals · 1915
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3Cited by13 opinions
- Ripley v. StorerNew York Court of Appeals · 1956
- Vermont Hydro-Electric Corp. v. DunnSupreme Court of Vermont · 1921
- City of Norton v. LowdenCourt of Appeals for the Tenth Circuit · 1936
- East Bay Municipal Utility District v. City of LodiCalifornia Court of Appeal · 1932
- Matter of City of New York (Saratoga Ave.)New York Court of Appeals · 1919
8 more not listed; retrieve them via the Exa API.