Merriman v. . City of New York
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1918, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1918, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in finding, as a matter of law, that the city of New York was negligent in the preparation of the final report of the commissioners, which failed to recite the mortgage as a hen on the award and also negligent in paying the award…
1Opinion of the CourtChase, J.
In 1899 and prior thereto Katharine F. Merritt owned certain lands in the city of New York. On November 14 of that year she gave to the plaintiff a mortgage covering said lands to secure the payment of $7,000 which mortgage was duly recorded.
In 1906 the city of New York duly instituted a proceeding to acquire title to lands required for the purpose of opening and extending Belmont avenue. The lands sought to be taken included a portion of the lands covered by the plaintiff’s mortgage and the part so taken is known in the proceeding as “ damage parcel No. 3.” Commissioners were duly appointed…
2Cases cited8 opinions
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- Matter of City of RochesterNew York Court of Appeals · 1892
- In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878
- Youngs v. StoddardAppellate Division of the Supreme Court of the State of New York · 1898
- In re Sea Beach Ry. Co.New York Supreme Court · 1907
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3Cited by16 opinions
- City of Phoenix v. State of ArizonaArizona Supreme Court · 1943
- In re City of New YorkNew York Supreme Court · 1948
- Ossining Urban Renewal Agency v. LordNew York Court of Appeals · 1976
- In re Long Island RailroadNew York Supreme Court · 1940
- Matter of City of New York (Exterior St.)New York Court of Appeals · 1944
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