Legal Opinion

In re Board of Street Opening

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

Decided October 15, 1897PublishedCited by 2 opinions

Appeal by the petitioner, William F. Brugman, as-sole surviving executor and trustee of Francis F. Brugman, deceased, from so much of 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 19th day of July, 1897, as denies his application for an order requiring and directing the comptroller of the city of New York to pay to said petitioner the award made, to him by commissioners of estimate and…

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Appeal by the petitioner, William F. Brugman, as-sole surviving executor and trustee of Francis F. Brugman, deceased, from so much of 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 19th day of July, 1897, as denies his application for an order requiring and directing the comptroller of the city of New York to pay to said petitioner the award made, to him by commissioners of estimate and assessment in proceedings to acquire- title to Wales avenue, together with interest on the amount of'said award.

1Opinion of the Court

Rumsey, J. :

" On the 18tli day of June, 1896, the report of the commissioners of estimate and assessment in this proceeding was finally confirmed by the court. Among the awards made by those commissioners was one of $22,000 to William F. Brugman, as trustee of Francis F. Brugman, deceased. On the 29th day of July, 1896, the petitioner demanded payment of the award of $22,000 which had been made to him, but it was not paid, and on the 25th- day of May, 1897, this motion was made for an order requiring the comptroller to pay to the petitioner the amount of his award and interest. The Special…

2Cases cited2 opinions

  1. Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
  2. Detmold v. . DrakeNew York Court of Appeals · 1871

3Cited by2 opinions

  1. In re Board of Street Opening & ImprovementAppellate Division of the Supreme Court of the State of New York · 1898
  2. In re Board of Street Opening & ImprovementAppellate Division of the Supreme Court of the State of New York · 1898

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