Matter of City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1905, which reversed an order of Special Term confirming in part the report of commissioners of estimate and assessment in the above-entitled proceeding and in part sending the said report back for correction and directed that the said award should be amended in certain particulars, and as so amended confirmed.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1905, which reversed an order of Special Term confirming in part the report of commissioners of estimate and assessment in the above-entitled proceeding and in part sending the said report back for correction and directed that the said award should be amended in certain particulars, and as so amended confirmed. The respondent, John Glass, was the owner of premises known as Numbers 3, 5, 5|-, Y, 9, 11, 13 and 15 Bloomfield street and Little West Twelfth street, in the borough…
1Opinion of the CourtBartlett, J.
From the disposition of the case made by the Special Term an appeal was taken to the Appellate Division, where the order was reversed and the report of the commissioners unanimously affirmed as to the claims of the Metropolitan Company and J. Ogden Armour. As to these claims there was a question of fact involved whether the fixtures for which awards had been made by the commissioners were distinctively realty or trade fixtures, which could be removed as between landlord and tenant. The Appellate Division determined this question of fact after examining a very voluminous record, and we have no…
2Cases cited1 opinion
- Real Estate Corporation v. . HarperNew York Court of Appeals · 1903
3Cited by7 opinions
- Matter of City of New YorkNew York Court of Appeals · 1908
- In Re Commissioner of Public WorksNew York Court of Appeals · 1906
- In re Hyong Jin KimDistrict Court, S.D. New York · 1981
- In re USA Niagara Development Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Bahouth v. StateNew York Court of Claims · 1961
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