In re the Bronx Parkway Commission
New York Supreme Court
Motion by Garth Estates for referee to determine ownership and for an injunction pending such determination.
1Opinion of the CourtYoung, J.
Upon this motion the Garth Estates, one of the defendants above mentioned, asks to have the court, or a referee appointed for that purpose, hear and determine the question of ownership of certain property to be condemned, known as parcel 5, sheet 16, as to which there appear to be conflicting claimants, and for an injunction restraining proceedings before the commissioners until it be decided who the true owner is. Ordinarily the question of ownership would not be raised at this point or be deemed important, but would be determined by the court or referee after the award of the commissioners…
2Cases cited9 opinions
- In Re Vil. of Olean v. . SteynerNew York Court of Appeals · 1892
- Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
- City of Geneva v. . HensonNew York Court of Appeals · 1909
- In Re Taking a Right & Easement in Certain Property for the Construction of a SewerNew York Court of Appeals · 1890
- Chicago & Milwaukee Electric Railroad v. DiverIllinois Supreme Court · 1904
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3Cited by4 opinions
- Buholtz v. Rochester Telephone Corp.Appellate Division of the Supreme Court of the State of New York · 1973
- Heyert v. Orange & Rockland Utilities, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
- In re SmithAppellate Division of the Supreme Court of the State of New York · 1935
- County of Jefferson v. Treadwell, New York County Courts1935