Manhattan Railway v. O'Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Eugene O’Sullivan, Vincent J. O’Sullivan, Percy B. O’Sullivan and Ernest P. O’Sullivan, 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 9th day of January, 1896, setting aside the report of commissioners of appraisal and appointing a new commission, and also from an order of the Supreme Court, made at the New York Special Term" and entered in the office…
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Appeal by the defendants, Eugene O’Sullivan, Vincent J. O’Sullivan, Percy B. O’Sullivan and Ernest P. O’Sullivan, 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 9th day of January, 1896, setting aside the report of commissioners of appraisal and appointing a new commission, and also 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 15th day of January, 1896, amending the said order. This .was a…
1Opinion of the Court
Barrett, J.:
The point is taken that the order in question is not appealable for ' the reason that it is not a final order. The plaintiffs (the companies) contend that the provisions of section 3375 of the Code of Civil Procedure are exclusive, and that there can be no other appeal in these proceedings save that which is there specially authorized. We think this construction of the Condemnation Law is unauthorized. It was never intended to limit the ordinary review of Special Term orders in these proceedings. Such limitation cannot be implied merely from the direct authority to appeal from a…
2Cases cited7 opinions
- In Re the Trustees of the New York & Brooklyn Bridge to Acquire Lands of ClarkNew York Court of Appeals · 1893
- Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Brooklyn El. Railroad v. LewisNew York Supreme Court · 1895
- In re Brooklyn El. R.New York Supreme Court · 1894
- In re Prospect Park & Coney Island RailroadNew York Court of Appeals · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Erie Railroad v. StewardAppellate Division of the Supreme Court of the State of New York · 1901
- Manhattan Railway Co. v. ComstockAppellate Division of the Supreme Court of the State of New York · 1902
- Matter of SimmonsNew York Court of Appeals · 1911
- Great Neck Water Authority v. Citizens Water Supply Co.New York Court of Appeals · 1962
- In re Charges against SkinkleAppellate Division of the Supreme Court of the State of New York · 1927
7 more not listed; retrieve them via the Exa API.