Legal Opinion

In re City of New York

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

Decided July 12, 1906PublishedCited by 2 opinions

Appeal by Samuel Y. Hoffman and'others, as trustees under the last will- and testament of Eugene A. Hoffman, deceased, from 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 3d day of May, 1906, denying the appellants’ motion that the comptroller of the city of New York pay to them an award made in the above-entitled proceeding.

1Opinion of the Court

Laughlin, J. :

The application to the court for the order requiring the comptroller to pay the award was made pursuant to the provisions of section 1001 of the Greater New York - charter (Laws of 1897, chap. 378, as amd. by Laws of 1901, chap. 466), which, so far as material, provides as follows: “The person or persons to whom awards shall be. made in such proceedings, and the person or persons in whose favor costs and expenses may be taxed, shall not have an action at law against The City of New York for such awards, costs or expenses, but the court in which said proceedings have been had,…

2Cases cited10 opinions

  1. In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
  2. Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
  3. Moore v. . City of AlbanyNew York Court of Appeals · 1885
  4. Bruecher v. . Village of Port ChesterNew York Court of Appeals · 1886
  5. Carpenter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899

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3Cited by2 opinions

  1. In re Brooklyn Children's Aid SocietyAppellate Division of the Supreme Court of the State of New York · 1915
  2. In re the City of New York Relative to Acquiring Title Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee to the LandsAppellate Division of the Supreme Court of the State of New York · 1940

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