Matter of Willcox (Fourth Ave. Subway)
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 29, 1914, which affirmed an order of Special Term amending nunc pro tunc a prior order thereof which appointed commissioners of appraisal in a proceeding instituted under the Rapid Transit Act (L. 1891, ch. 4, as amd.) to acquire property for the purposes of a subway rapid transit railroad.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 29, 1914, which affirmed an order of Special Term amending nunc pro tunc a prior order thereof which appointed commissioners of appraisal in a proceeding instituted under the Rapid Transit Act (L. 1891, ch. 4, as amd.) to acquire property for the purposes of a subway rapid transit railroad. The amended order directed the commissioners of appraisal to ascertain and appraise the compensation to be made to the owners “of property so to be taken or extinguished for…
1Opinion of the CourtCollin, J.
The respondent Maddren owns land and the buildings upon it contiguous to, but wholly without, a part of a street under the entire surface of which the subway railroad is to be constructed. She claimed that the excavation involved in the construction would extinguish the right or easement of lateral support of her property and entitle her to substantial damages. She asserted that those damages are to be ascertained and appraised in this proceeding. The order was amended to effect such action. The appellant, The City of New York, asserts that the amendment was unauthorized-, because the statute…
2Cases cited1 opinion
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
3Cited by7 opinions
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- In re the City of New YorkNew York Court of Appeals · 1954
- Culver Contracting Corp. v. HumphreyAppellate Division of the Supreme Court of the State of New York · 1934
- Sherover Construction Corp. v. City of New YorkNew York Supreme Court · 1937
- In re Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1936
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