Legal Opinion

In re Bronx Parkway Commission

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

Decided April 9, 1920Published

Appeal by the petitioner, Bronx Parkway Commission, from an order of the Supreme Court, made at the Rockland Special Term and entered in the office of the clerk of the county of Westchester on the 26th day of December, 1919,. directing the payment of interest on costs and allowances in this proceeding.

1Opinion of the Court

Jaycox, J.:

This proceeding was instituted to have fixed the compensation to be paid for certain real property acquired by the *388Bronx Parkway Commission pursuant to chapter 594 of the Laws of 1907, as amended by chapter 757 of the Laws of 1913. The Commission was unable to purchase the lands described in the act, and condemnation proceedings were accordingly instituted under the act which provides (§ 13) that such lands shall be acquired “by condemnation proceedings instituted by said Bronx Parkway Commission in the manner provided by the Code of Civil Procedure for the condemnation of real…

2Cases cited4 opinions

  1. Taylor v. Mayor of New YorkNew York Court of Appeals · 1876
  2. New York Municipal Railway Corp. v. Susie Church HollidayAppellate Division of the Supreme Court of the State of New York · 1919
  3. Matter of New York Municipal Railway Corp. v. . HollidayNew York Court of Appeals · 1920
  4. Leopold v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918

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