In Re the Brooklyn Union Elevated Railroad
New York Court of Appeals
Appeal by permission from an order of the Appellate Division of the Supreme Court in the second judicial department entered April 17, 1903, which reversed an order of Special Term retaxing a hill of costs. The facts, so far as material, and questions certified, are stated in the opinion.
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Appeal by permission from an order of the Appellate Division of the Supreme Court in the second judicial department entered April 17, 1903, which reversed an order of Special Term retaxing a hill of costs. The facts, so far as material, and questions certified, are stated in the opinion. The state legislature, in enacting title 1 of chapter 23 of the Code of Civil Procedure, intended and did grant a defendant, entitled to costs under section 3372, the same amount as costs as a defendant is entitled to under section 3251 of the Code, when he has prevailed in an action in the Supreme Court…
1Opinion of the CourtBartlett, J.
This appeal is certified by the Appellate Division and three questions are submitted for the consideration of this court.
This is a proceeding under the Condemnation Law of the Code of Civil Procedure brought by the plaintiff railroad company to acquire title to the easements or property rights appurtenant to the premises of the defendant owner.
An offer to the defendant was made by the plaintiff company as permitted by the Condemnation Law. No answer was interposed, commissioners were appointed, and the proceedings were conducted thereafter under section 3372 of the Code of Civil Procedure.…
2Cases cited3 opinions
- Manhattan Ry. Co. v. KentNew York Supreme Court · 1894
- City of Johnstown v. FrederickAppellate Division of the Supreme Court of the State of New York · 1898
- Village of St. Johnsville v. CronkAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by6 opinions
- Brainerd v. StateNew York Court of Claims · 1911
- City of Geneva v. Sierzenga, New York County Courts1959
- In re WilliamsNew York Supreme Court · 1920
- Schenectady Railway Co. v. LyonNew York Supreme Court · 1904
- Marshall v. HatfieldNew York Supreme Court · 1912
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