Legal Opinion

In re the City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 4, 1914PublishedCited by 5 opinions

Appeal by Frederick Schwartz from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of May, 1913, in so far as it denies a motion to confirm the report of commissioners of estimate herein as to damage parcel No. 5, and returns said report to the commissioners, with directions to make a new award for said parcel.

1Opinion of the Court

Scott, J.:

The appellant owns a parcel of land sought to be acquired in this proceeding upon which he has made substantial improvements and for which the commissioners of estimate have made a substantial award. The city of New York, while conceding that appellant owns the plot in fee, claims that it is so incumbered with easements for street purposes that appellant’s fee is of merely nominal value. This view is upheld by the order appealed from. We are advised by the briefs that there are a number of other lots involved in this proceeding as to which the same questions arise and as to which it…

2Cases cited7 opinions

  1. Walker v. . CaywoodNew York Court of Appeals · 1865
  2. Bradley v. . CraneNew York Court of Appeals · 1911
  3. City of Buffalo v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1902
  4. Mangam v. President and Trustees, Village, Sing SingNew York Court of Appeals · 1900
  5. Beckwith v. . WhalenNew York Court of Appeals · 1877

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3Cited by5 opinions

  1. Gucker v. LewisAppellate Division of the Supreme Court of the State of New York · 1937
  2. Grace v. Town of East HamptonAppellate Division of the Supreme Court of the State of New York · 1964
  3. Knickerbocker Ice Co. v. HofstatterCourt of Appeals for the Second Circuit · 1929
  4. Schillawski v. State of New YorkNew York Court of Appeals · 1961
  5. Schillawski v. State of New YorkNew York Court of Appeals · 1961

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