In re Daly
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. In the matter of the application and petition of Michael T. Daly, .as commissioner of public works of the city of New York, under Laws 1893, c. 189, to acquire certain “real estate,” as defined in said act, ■for the purpose of providing for the sanitary protection of the sources of the water supply of the city of New York; the property being lands bordering on Lake Gleneida, in the town of Carmel.
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Appeal from special term, Kings county. In the matter of the application and petition of Michael T. Daly, .as commissioner of public works of the city of New York, under Laws 1893, c. 189, to acquire certain “real estate,” as defined in said act, ■for the purpose of providing for the sanitary protection of the sources of the water supply of the city of New York; the property being lands bordering on Lake Gleneida, in the town of Carmel. From an order reversing and setting aside in certain respects the fourth separate report of the commissioners of appraisal, George R. Cole and others appeal.
1ConcurrenceGoodrich, P. J.
Before the reargument of this appeal, I had written my opinion, in Which I arrived at the same result as that expressed by my associates in the per curiam opinion; but, for sufficient and other reasons than those set out therein, I deem it proper that these views should be expréssed in a separate opinion.
The proceeding was instituted under chapter 189 of the Daws of 1893, entitled “An act to provide for the sanitary protection of the sources of the water supply of the city of New York.” The petition, which was filed in 1893, alleges that the city is constructing a reservoir in the town of…
2Cases cited5 opinions
- Daly v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- Smith v. AdamsNew York Court of Chancery · 1837
- Brooklyn El. Railroad v. LewisNew York Supreme Court · 1895
- In re GilroyNew York Supreme Court · 1894
- Champlin v. Mayor of New-YorkNew York Court of Chancery · 1831