Legal Opinion

Matter of City of New York (43rd Avenue)

New York Court of Appeals

Decided December 28, 1939PublishedCited by 3 opinions

1Opinion of the CourtRippey, J.

Condemnation proceedings were brought by the city of New York to acquire certain lands for opening and extending Forty-third avenue from Fifty-seventh street to Sixty-third street in the borough of Queens. Damage Parcel No. 12 was included within the lands condemned and an award of $1,500 was made by Special Term to the mortgagee and a nominal award of one dollar to the fee owner of the property. The Appellate Division, upon appeal, modified the Special Term order by providing “ that when the City pays the award to the mortgagee Harbro Holding Co., Inc., it shall have an equitable lien…

2Cases cited6 opinions

  1. Gates v. . De La MareNew York Court of Appeals · 1894
  2. Matter of City of New York (Braddock Ave.)New York Court of Appeals · 1938
  3. Deering v. . SchreyerNew York Court of Appeals · 1902
  4. In re BraicoAppellate Division of the Supreme Court of the State of New York · 1932
  5. Matter of BraicoNew York Court of Appeals · 1932

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Dillenbeck v. StateNew York Court of Claims · 1948
  2. In Re the Accounting of SegallNew York Court of Appeals · 1941
  3. General Ice Cream Corp. v. StateNew York Court of Claims · 1950

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