Legal Opinion

In re Laying Out, Opening & Extending of Alexander Street

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

Decided June 2, 1911PublishedCited by 1 opinion

Appeal by Elijah M. Yerkes and others 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 10th day of January, 1911, refusing to confirm the report of commissioners, of estimate and assessment as to parcel No. 5 and directing a -rehearing as to said parcel, and also from an intermediate order entered in said clerk’s office on- the 10th . day of June, 1910, permitting certain…

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Appeal by Elijah M. Yerkes and others 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 10th day of January, 1911, refusing to confirm the report of commissioners, of estimate and assessment as to parcel No. 5 and directing a -rehearing as to said parcel, and also from an intermediate order entered in said clerk’s office on- the 10th . day of June, 1910, permitting certain owners .to file amended objections to the report ©f the commissioners. '

1Opinion of the Court

Burr, J.:

If any authority existsj to permit the maintenance of a structure like the coal carrier described in the evidence in these proceedings across Alexander street, it rests in the -common council of the city of. Yonkers. (Laws' of 1908, chap. 452, art. S, § 1.) Even the common Council could, not authorize the maintenance of a structure which was a nuisance.' (City of New York v. Knickerbocker Trust Co., 52 Misc. Rep. 222; affd., 121 App. Div. 740.) The order appointing the commissioners confers upon them no jurisdiction to determine whether this structure is á nuisance or not. - That may…

2Cases cited2 opinions

  1. City of New York v. Knickerbocker Trust Co.New York Supreme Court · 1906
  2. City of New York v. Knickerbocker Trust Co.Appellate Division of the Supreme Court of the State of New York · 1907

3Cited by1 opinion

  1. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915

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