In re Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by John J. Boylan, intervener, 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 24th day of December, 1914, denying his motion to be made a party defendant herein.
1Opinion of the Court
Carr, J.:
The petitioner began a condemnation proceeding against Catherine Cabot to acquire an easement in the bed of Union street in the borough of Brooklyn, a portion of which was owned in fee by Catherine Cabot. A notice of lis pendens was filed on March 31, 1914. At that time the petitioner was in actual possession of Mrs. Cabot’s property, as it maintained and operated its street railroad over and upon it. Mrs. Cabot did not own the abutting property. An order was made in the proceeding allowing the petitioner to remain in possession of the land pending the termination of the proceeding…
2Cases cited6 opinions
- Matter of City of New YorkNew York Court of Appeals · 1909
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- In re Mayor, Aldermen, & Commonalty of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Mayne v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Kennedy v. Mineola, Hempstead & Freeport Traction Co.New York Court of Appeals · 1904
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3Cited by2 opinions
- Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
- In re County of WestchesterNew York Supreme Court · 1953