Legal Opinion

In Re the Opening of Crescent Avenue

New York Court of Appeals

Decided October 24, 1905PublishedCited by 2 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1905, which affirmed an order of Special Term authoriz- ' ing and directing the comptroller of the city of New York . to pay to the respondent herein a sum of money remaining in his possession out of an award made in the above-entitled proceeding to one Margaret Stonebridge.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1905, which affirmed an order of Special Term authoriz- ' ing and directing the comptroller of the city of New York . to pay to the respondent herein a sum of money remaining in his possession out of an award made in the above-entitled proceeding to one Margaret Stonebridge. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The Special Term had no power to make the summary order that was affirmed by the final order of the Appellate…

1Opinion of the CourtBartlett, J.

On November 14th, 1896, the city of New York instituted this proceeding under the Consolidation Act to condemn for the purposes of a public street land now known as Orescent avenue, from Arthur avenue to East 187th-street, in the borough of the Bronx.

Margaret Stonebridge was the owner of part of the land taken in the proceedings, and also of other lands assessed for benefits thereon. The appellants herein, McCarty and Baldwin, were retained in March, 1897, to represent Mrs. Stone-bridge in this proceeding as her attorneys, and from that time to the confirmation of the report of the…

2Cited by2 opinions

  1. In re the City Trust Co.New York Supreme Court · 1934
  2. In re the Opening of Arthur Avenue from Tremont Avenue to Pelham AvenueAppellate Division of the Supreme Court of the State of New York · 1906

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