Legal Opinion

In re Simmons

Appellate Division of the Supreme Court of the State of New York

Decided September 10, 1912PublishedCited by 3 opinions

Appeal by the Peekskill Ice Company from an order of the Supreme Court, made at the Rockland Special Term and entered in the office of the clerk of the county of Westchester on the 6th day of September, 1911.

1Opinion of the Court

Thomas, J.:

The proceeding is to acquire land for the Catskill aqueduct. The order appealed from was made on September 6, 1911, and is “ that the petition, maps and all the proceedings herein be * * * amended so that the city of New York at its own expense shall he obliged to construct and leave open forever the rights of way shown on the plan and profile attached to the affidavit of J. Waldo Smith [petitioner’s chief engineer] annexed thereto, across Parcel 40, the north one to a maximum *504grade not to exceed nine per cent, and the south one to a maximum grade not to exceed nine per cent, as…

2Cases cited1 opinion

  1. In re BenselAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by3 opinions

  1. Carl Roessler, Inc. v. IvesSupreme Court of Connecticut · 1968
  2. Town of Massena v. Niagara Mohawk Power Corp., New York County Courts1976
  3. New York State Electric & Gas Corp. v. MeredithNew York Supreme Court · 1970

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