In re the City of New York Relative to Acquiring Title Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee to the Lands
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHagarty, J.
A final decree in this condemnation proceeding, entered on the 16th day of January, 1939, directed an award of $22,723.05, inclusive of interest, for damage parcel No. 158, to St. John’s Cemetery. The appellant, City of New York, refuses to pay this award in its entirety, despite demand, claiming the right to deduct therefrom the sum of $12,156.45, the amount of an assessment imposed against the claimant’s property on the 31st day of July, 1924, for a local sewer improvement. The order under review grants the motion of the claimant, made in the proceeding, pursuant to section B15-28.0 of the…
2Cases cited18 opinions
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- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Jewish Consumptives' Relief Society v. Town of WoodburyAppellate Division of the Supreme Court of the State of New York · 1930
- Jewish Consumptives' Relief Society v. Town of WoodburyNew York Court of Appeals · 1931
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
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3Cited by9 opinions
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- Durante Bros. Construction Corp. v. St. John's CemeteryAppellate Division of the Supreme Court of the State of New York · 2006
- Riverview Estates, Inc. v. City of New YorkNew York Supreme Court · 1963
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