In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles G-. Reynolds, Incorporated, a property owner, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of March, 1914, overruling preliminary objections to the petition of the Public Service Commission for the appointment of commissioners of appraisal herein, and appointing such commissioners.
1Opinion of the Court
Rich, J.:
The contention of the appellant is based largely upon the requirements of the provisions of the Code of Civil Procedure (Chap. 23, tit. 1) relating to proceedings for the condemnation of real property, while this proceeding is under the provisions of the Rapid Transit Act, and is to acquire property for the public use by and in behalf of the city of New York, and the title to the real property to be acquired vests in such city, and the provisions of the Code of Civil Procedure do not apply to this proceeding. (Code Civ. Proc. § 3383; Matter of Low, 208 N. Y. 25; Matter of City of…
2Cases cited6 opinions
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- In the Matter of William A. FowlerNew York Court of Appeals · 1873
- Matter of LowNew York Court of Appeals · 1913
- People v. FisherAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. City of Ithaca v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by3 opinions
- Hallock v. StateNew York Supreme Court · 1971
- Hallock v. StateAppellate Division of the Supreme Court of the State of New York · 1972
- In re Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1915