In re Opening Belmont Street
Appellate Division of the Supreme Court of the State of New York
Appeal by the Corporation Counsel of the City of New York from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of New York on the 20th day of April, 1908, denying the appellant’s motion to set aside an order in a proceeding, or to have the proceeding resulting in the order reopened and a rehearing had.
1Opinion of the Court
McLaughlin, J.:
In May, 1904, commissioners were appointed in the proceeding to acquire title to Belmont street from Glay avenue to Morris avenue. They subsequently made a report by which they awarded to the respondent, for damages to his premises designated as Nos. 9 and 10 on damage map of the commissioners of estimate and assessment, $7,500, and their report was confirmed by an order of the court on the 4th of December, 1907, and notice thereof given to the comptroller, with a demand for payment of the same, together with interest thereon from the 26tli of Bovember, 1906, the time when it…
2Cases cited1 opinion
- De Peyster v. . MaliNew York Court of Appeals · 1883
3Cited by4 opinions
- In re MinzesheimerAppellate Division of the Supreme Court of the State of New York · 1911
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1921
- In re Acquiring Title to Titus StreetNew York Supreme Court · 1914
- In re Belmont St.Appellate Division of the Supreme Court of the State of New York · 1908