In re Laying Out & Opening Ludlow Street
Appellate Division of the Supreme Court of the State of New York
Appeal by James B. Ludlow and another, as only surviving executors of and trustees under the last will and testament of Thomas W. Ludlow, Jr., deceased, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 19th day of April, 1900, granting the motion of The Hew York Central and Hudson River Railroad Company to vacate and set aside an order appointing commissioners of estimate and…
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Appeal by James B. Ludlow and another, as only surviving executors of and trustees under the last will and testament of Thomas W. Ludlow, Jr., deceased, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 19th day of April, 1900, granting the motion of The Hew York Central and Hudson River Railroad Company to vacate and set aside an order appointing commissioners of estimate and assessment and all proceedings in the above-entitled matter had subsequent to the making of such order.
1Opinion of the Court
Sewell, J.:
Under the provisions of chapter 635 of the Laws of 1895, being the charter of the city of Yonkers, the appellants, as property owners, on the 23d day of November, 1896, presented a petition to> the common council of the city of Yonkers, praying that a street be laid out across the steam surface railroad of the respondent The petition was referred to the board of street openings for their approval, and on the 27th day of December, 1897, it was returned,duly approved, and the common council caused a notice to be published in the official city newspapers that such petition had been…
2Cases cited2 opinions
- Southwick v. . SouthwickNew York Court of Appeals · 1872
- In re North Third AvenueAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Kugel v. TelseyAppellate Division of the Supreme Court of the State of New York · 1937
- Brown v. BrownNew York Supreme Court · 1909
- Heos v. McCloskeyAppellate Division of the Supreme Court of the State of New York · 1950