In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, Christ Church of Bay Ridge and David Porter, from two orders 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 24th day of February, 1913, denying motions for the taxation of costs.
1Opinion of the Court
Kapper, J.:
Granting that the city in street opening proceedings may discontinue as to a portion of the property within the lines of the contemplated improvement (Matter of Mayor, etc., 52 Misc. Rep. 319; affd., 121 App. Div. 650; affd. without opinion, 193 N. Y. 658), I am of the opinion that the change of plans in the case at bar does not come within section 1000 of the charter, which provides for the taxation of the reasonable actual cash disbursements necessarily incurred by a party upon the “ discontinuance ” of the proceedings. Prior to the revision of the Greater New York charter in…
2Cases cited4 opinions
- People ex rel. Hainer v. Keeper of Prison of Seventh District Magistrate's CourtAppellate Division of the Supreme Court of the State of New York · 1907
- Matter of Mayor, Aldermen and Commonalty, N.Y.New York Court of Appeals · 1908
- In re Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Mayor of New YorkNew York Supreme Court · 1907