Legal Opinion

Matter of City of New York (Newton Avenue)

New York Court of Appeals

Decided December 28, 1916PublishedCited by 12 opinions

Cross-appeals, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1916, which affirmed an order of Special Term directing commissioners of estimate appointed in proceedings to acquire land required for the opening of Newton avenue in the borough of The Bronx to ascertain and determine the compensation which should justly be made in accordance with chapter 1006 of the Laws of 1895, to Augustus Van…

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Cross-appeals, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1916, which affirmed an order of Special Term directing commissioners of estimate appointed in proceedings to acquire land required for the opening of Newton avenue in the borough of The Bronx to ascertain and determine the compensation which should justly be made in accordance with chapter 1006 of the Laws of 1895, to Augustus Van Cortlandt, individually and as executor of the last will and testament of Augustus Van Cortlandt, deceased, for the loss and…

1Opinion of the CourtCardozo, J.

In 1895, Augustus Van Cortlandt owned land which fronted on the Albany Post road in the city of New York, and extended from Two Hundred and Fifty-third street on the south to Two Hundred and Fifty-sixth street on the north. On the official map filed by the commissioner of street improvements in November, 1895, the Albany Post road was discontinued as a highway. The Van Cortlandt lots, as shown on the map, were bounded by Broadway on the east and Newton avenue on the west. Broadway, at that time, had been opened, and was already an existing street. Its grade was changed, however, in November,…

2Cases cited12 opinions

  1. Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
  2. In re Department of Public ParksNew York Supreme Court · 1889
  3. In re the Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1909
  4. Matter of Mayor, Aldermen Commonalty of City of N.Y.New York Court of Appeals · 1909
  5. Matter of City of New YorkNew York Court of Appeals · 1908

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3Cited by12 opinions

  1. In re the City of New YorkNew York Court of Appeals · 1952
  2. Matter of Scheibel v. . O'BrienNew York Court of Appeals · 1921
  3. La Porte v. State of New YorkNew York Court of Appeals · 1959
  4. In re the Corporation CounselAppellate Division of the Supreme Court of the State of New York · 1919
  5. Stirnweis v. CacioppoNew York Court of Appeals · 1932

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