Legal Opinion · Dissent

In re the City of New York

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

Decided May 8, 1914Published

Appeal by the City of New York from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the comity of Queens on the 6th day of August, 1913, directing that the claim of Jere

1DissentRich, J.

I dissent. It is conceded that Juniper Swamp road was a lawful public street and had existed as such for more than twenty years, and it is shown by the map that for a distance of about seven hundred feet along the front of petitioner’s land the southwest line of Juniper Swamp road is moved to the east away from petitioner’s land a maximum distance of about fifteen feet. It is conceded that the remainder of the highway, thirty-five feet in width, is continued as a part of the new street, is used and was being used as a public street when the map was filed. The fifteen-foot plot is not included…

2Cases cited8 opinions

  1. In re the Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1909
  2. Matter of City of New YorkNew York Court of Appeals · 1908
  3. People ex rel. Winthrop v. DelanyAppellate Division of the Supreme Court of the State of New York · 1907
  4. People Ex Rel. Winthrop v. . PendletonNew York Court of Appeals · 1908
  5. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911

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