Legal Opinion

Staten Island Rapid Transit Railway Co. v. Rosenberg

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

Decided June 20, 1913PublishedCited by 1 opinion

Appeal by the defendants, The People of the State of New York and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Richmond on the 21st day of February, 1913, overruling preliminary objections to the action and appointing a referee to hear and determine the issues raised by the petition and answers.

1Opinion of the Court

Burr, J.:

Upon a duly verified petition plaintiff moved for judgment that the public use requires the condemnation of the real property described therein; that plaintiff is entitled to take and hold such property for the public use specified, upon making compensation therefor, and that commissioners be appointed to determine the amount thereof. Upon the return day of the motion defendants the People of the State of New York and the Commissioners of the Land Office of the State of New York appeared and interposed an answer. This answer is not made a part of the record in this case, hut the fact…

2Cases cited1 opinion

  1. In re New York, West Shore & Buffalo Railway Co.New York Supreme Court · 1882

3Cited by1 opinion

  1. City of Jamestown v. SfetkoAppellate Division of the Supreme Court of the State of New York · 1962

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