Legal Opinion

Manhattan Railway Co. v. Stuyvesant

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

Decided June 19, 1908PublishedCited by 3 opinions

Appeal by the plaintiff, the Manhattan Bailway Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of February, 1908, denying the plaintiff’s motion to confirm the report of commissioners herein and remitting the matter to new commissioners.

1Opinion of the Court

Scott, J.:

This is a proceeding to condemn so much of the easements of light, air and access appurtenant to the premises known as Nos. 31 and 33 Third avenue in the city of New York as will be taken by the construction and maintenance of a stairway connecting plaintiff’s elevated railway station at the intersection of Third avenue and East Ninth street with the surface of said Third avenue.

A judgment of condemnation having been entered and commissioners appointed to ascertain the damage, such proceedings were had that said commissioners made and filed a final report awarding damages to the…

2Cases cited8 opinions

  1. South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
  2. Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
  3. Matter of City of New YorkNew York Court of Appeals · 1907
  4. Huntington v. . AttrillNew York Court of Appeals · 1890
  5. Manhattan Railway v. O'SullivanAppellate Division of the Supreme Court of the State of New York · 1896

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3Cited by3 opinions

  1. Matter of City of New York (Exterior St.)New York Court of Appeals · 1941
  2. In re the New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
  3. In re Bronx Parkway CommissionAppellate Division of the Supreme Court of the State of New York · 1925

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