People v. Thornton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Aran Vail, from so much of an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 8th day of July, 1907, as denies the said defendant’s motion for costs and an extra allowance in the above-entitled condemnation proceeding.
1Opinion of the Court
Kellogg, J.:
The appellant was a lessee of a part of' the premises condemned and his unexpired term of two years was valued by the commissioners at $120'. He was an owner within section 3358 of the Code of Civil Procedure, which defines an owner as including “ all persons having any estate, interest- or easement in the property to be taken or any lien, charge or incumbrance thereon.”
If the owner is a resident, and not under legal disability.to con-
vey title to real property, and an offer to purchase is not served. upon him, then he is entitled to costs under section 3372 of the Code of Civil…
2Cited by6 opinions
- Syracuse Grade Crossing Commission v. Delaware, Lackawanna & Western Railroad Co.New York Supreme Court · 1940
- Ackerman v. StateNew York Court of Claims · 1951
- Champlain & Sanford Railroad v. OstranderAppellate Division of the Supreme Court of the State of New York · 1912
- People v. PodolskyNew York Supreme Court · 1985
- Baker v. StateNew York Court of Claims · 1909
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