Legal Opinion

Matter of City of New York (Sedgwick Ave.)

New York Court of Appeals

Decided January 12, 1915PublishedCited by 13 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 20, 1914, in so far as said order affirmed an order of Special Term confirming a report of commissioners of estimate awarding nominal damages in street opening proceedings, for the taking of certain parcels of land belonging to appellant. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 20, 1914, in so far as said order affirmed an order of Special Term confirming a report of commissioners of estimate awarding nominal damages in street opening proceedings, for the taking of certain parcels of land belonging to appellant. The facts, so far as material, are stated in the opinion. It was the right of the Kings-bridge Company and its vendees at the sale to so contract that the joint resultant of the sale and the then pending condemnation proceedings would be the…

1Opinion of the Court

Willard Bartlett, Ch. J.

This is a proceeding instituted by the city of New York through the board of estimate and apportionment to acquire, for the úse of the public, title to certain lands in the twenty-fourth ward, borough of The Bronx, required for the opening and extension of certain streets specified in the petition, and particularly the widening of Bailey avenue. The commissioners of estimate awarded only nominal damages for the taking of the property to which this appeal relates, on the ground that such property was already so burdened with private easements, requiring the maintenance…

2Cases cited4 opinions

  1. Reis v. . City of New YorkNew York Court of Appeals · 1907
  2. City of Buffalo v. . PrattNew York Court of Appeals · 1892
  3. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
  4. In Re City of New York Relative to Acquiring Title to Lands Required for the Opening of Avenue " D "New York Court of Appeals · 1910

3Cited by13 opinions

  1. Matter of City of N.Y. (Northern Blvd.)New York Court of Appeals · 1932
  2. Matter of City of New York (West 10th St.)New York Court of Appeals · 1935
  3. Fiebelkorn v. RogackiAppellate Division of the Supreme Court of the State of New York · 1952
  4. Fischer v. LiebmanAppellate Division of the Supreme Court of the State of New York · 1988
  5. In re The City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937

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