In re Jones
Appellate Division of the Supreme Court of the State of New York
Appeal by the City of New York from so much of 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 8th day of July, 1916, as disallows a deduction from the award of any assessment levied against the property of petitioner not taken.
1Opinion of the Court
Jenks, P. J.:
Mabel Jones applies for an award .for part of her land taken by the city of New York in street opening proceedings. The proceedings resulted in an award for the part taken and in an assessment for benefit to the part left.
Prior to the proceedings, Jones had mortgaged her land. Subsequent to the vesting of the part of the land taken by the city, the mortgage was foreclosed and a third party became the purchaser at the foreclosure sale. It is not clear whether, incidental to the said sale, the assessment was paid. (See Code Civ. Proc. § 1676.) It seems improbable, if it was paid,…
2Cases cited16 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
- Rexford v. . KnightNew York Court of Appeals · 1854
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3Cited by3 opinions
- Matter of NunezNew York Court of Appeals · 1919
- Leahy v. LeahyNew York Supreme Court · 1921
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1940