Legal Opinion

Upland Realty Co. v. City of New York

Appellate Terms of the Supreme Court of New York

Decided March 15, 1917Published

. Appeal from judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, in favor of the defendant, dismissing the complaint on the pleadings.

1Opinion of the CourtPhilbin, J.

The plaintiff set forth the following facts: Prior to the 1st of May, 1913, the appellant was the owner of certain premises situated in the borough of The Bronx, city of New York, and designated on the tax maps as block 2872, lot 100. Before that date, and on the 14th of December, 1911, the city instituted proceedings to acquire title by condemnation, for street purposes, to that portion of . the premises lying within the lines of West One Hundred and Seventy-second street, as laid out as a proposed street on the map. Pending these proceedings, as authorized by section 990 of the Greater New…

2Cases cited2 opinions

  1. Lathers v. . KeoghNew York Court of Appeals · 1888
  2. Doonan v. KillileaNew York Supreme Court · 1914

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