Burns Bros. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Burns Bros., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of November, 1916, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 20th day of November, 1916, denying plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Burns Bros., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of November, 1916, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 20th day of November, 1916, denying plaintiff’s motion for a new trial made upon the minutes. The judgment determined that defendant is the owner in fee simple and entitled to possession to certain real property and directed that it be let into the possession thereof.
1Opinion of the Court
Page, J.:
The action is brought pursuant to the provisions of section 1638 et seq. of the Code of Civil Procedure, to compel the determination of a claim to certain real property bounded *618northerly by the south side of One Hundred and Seventh street; easterly by the Harlem river; southerly by the northerly side of One Hundred and Sixth street and westerly by what would be the easterly line of Avenue A, if said avenue were physically laid out. These premises are entirely within the limits of Exterior street as designated upon the Southard map, but never physically laid out or used as a street.…
2Cases cited6 opinions
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Matter of City of New YorkNew York Court of Appeals · 1901
- Consolidated Ice Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1901
- Mayor, Aldermen & Commonalty v. George LawNew York Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the City of New YorkNew York Supreme Court · 1936
- In re City of New YorkNew York Supreme Court · 1936
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1938
- Andrew D. Baird Holding Corp. v. Burns Bros.Appellate Division of the Supreme Court of the State of New York · 1924
- City of New York v. Third Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1942
2 more not listed; retrieve them via the Exa API.