Donnelly v. . City of Brooklyn
New York Court of Appeals
Cross appeals from judgment of the General Term of the-City Court of Brooklyn, entered upon an order made September 17, 1889, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Cross appeals from judgment of the General Term of the-City Court of Brooklyn, entered upon an order made September 17, 1889, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to recover the amount of an award and interest thereon, made for lands belonging to plaintiff taken by the defendant in proceedings under the act to widen and improve North Second street in the city of Brooklyn. (Chap. 559, Laws of 1871.) The facts are sufficiently stated in the opinion. The suit at the time it…
1Opinion of the Court
Ruger, Ch. J.
The defendant appeals from a judgment which affirmed, with a modification in regard to interest, a judgment of the trial court awarding to plaintiff the damages appraised for the appropriation by the defendant, under the right of eminent domain, of his real estate in Brooklyn, for the purpose of widening North Second street.
The sole point made upon the defendant’s appeal is the bar of the Statute of Limitations. Its claim is that the gravamen of the complaint is for damages occasioned by the negligence of defendant’s assessors in omitting to make an assessment upon the…
2Cases cited15 opinions
- Kohl v. United StatesSupreme Court of the United States · 1876
- Embury v. . ConnerNew York Court of Appeals · 1850
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
10 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Andrulonis v. United StatesCourt of Appeals for the Second Circuit · 1994
- Andrulonis v. United StatesCourt of Appeals for the Second Circuit · 1994
- Magee v. . City of BrooklynNew York Court of Appeals · 1894
- Vider v. City of ChicagoIllinois Supreme Court · 1896
- Mott v. . EnoNew York Court of Appeals · 1905
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