In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by Louis Lowenstein and another from so much of 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 30th day of March, 1912, as confirms the report of the commissioners of estimate and assessment herein as to the awards for damage parcels Nos. 12A and 19A. Appeal by The City of New York from so much of said order as confirms the report of commissioners of estimate and assessment…
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Appeal by Louis Lowenstein and another from so much of 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 30th day of March, 1912, as confirms the report of the commissioners of estimate and assessment herein as to the awards for damage parcels Nos. 12A and 19A. Appeal by The City of New York from so much of said order as confirms the report of commissioners of estimate and assessment herein, as to the awards made for damage parcels Nos. 14-18, inclusive.
1Opinion of the Court
Scott, J.:
The appellants Lowenstein are the owners in fee of two parcels of land taken in this proceeding and known on the commissioners’ map as damage parcels 12A and 19A. These two parcels of land formerly lay within the lines of two streets known as Butternut street and Pond place, which were discontinued by act of the public authorities. For these parcels said appellants have been awarded nominal damages only, upon the theory that although discontinued and closed as public streets, they are still subject to private easements in favor of the owners of property abutting upon the said…
2Cases cited12 opinions
- Reis v. . City of New YorkNew York Court of Appeals · 1907
- Matter of City of New YorkNew York Court of Appeals · 1909
- In re the Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1909
- Woodruff v. . PaddockNew York Court of Appeals · 1892
- Matter of Mayor, Aldermen Commonalty of City of N.Y.New York Court of Appeals · 1909
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3Cited by4 opinions
- Barber v. . WoolfNew York Court of Appeals · 1915
- State ex rel. Koeln v. West Cabanne Improvement Co.Supreme Court of Missouri · 1919
- In re Acquiring Title to Wallace AvenueAppellate Division of the Supreme Court of the State of New York · 1917
- Barber v. WoolfNew York Supreme Court · 1915