Legal Opinion

Matter of Water Comrs. of White Plains

New York Court of Appeals

Decided June 18, 1909PublishedCited by 8 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 30, 1909, which modified and affirmed as modified an order of Special Term confirming the report of commissioners in condemnation proceedings. 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 second judicial department, entered April 30, 1909, which modified and affirmed as modified an order of Special Term confirming the report of commissioners in condemnation proceedings. The facts, so far as material, are stated in the opinion. The defendants’ property having been-taken into the actual physical possession of the plaintiff on September 1, 1898, they were under the provisions of the State and Federal Constitutions entitled to the value of their property as appraised by the commissioners with interest from…

1Opinion of the Court

Per Curiam,.

In 1896 the water commissioners of the village of White Plains instituted proceedings to condemn the plant and property of the Westchester County Water Works Company and others. These proceedings eventuated on July 11th, 1898, in an award to the landowners of $103,298, which was confirmed by an order of the Special Term. Upon such confirmation the plaintiff tendered to the owners the amount of the award, and such tender being refused the money was, in accordance with the order of confirmation, deposited with the county treasurer to the credit of the property owners and thereupon…

2Cases cited5 opinions

  1. Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
  2. Sage v. . City of BrooklynNew York Court of Appeals · 1882
  3. Matter of the N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
  4. Matter of Petition of N.Y. H.R.R. Co.New York Court of Appeals · 1885
  5. In Re the Petition of the Board of Water Commissioners of the Village of White PlainsNew York Court of Appeals · 1903

3Cited by8 opinions

  1. Matter of City of New York (Court House)New York Court of Appeals · 1916
  2. Matter of Silverman (Hoe & Co.)New York Court of Appeals · 1953
  3. Meilak v. Atlantic Cement Co.Appellate Division of the Supreme Court of the State of New York · 1968
  4. Altman v. City of New YorkNew York Supreme Court · 1957
  5. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919

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