Legal Opinion

Matter of Mayor, Etc., of N.Y.

New York Court of Appeals

Decided October 4, 1892PublishedCited by 57 opinions

Appeals from orders of tlie General Term of the Supreme Court in the first judicial department, made April 14, 1892, which affirmed orders of the Special Term appointing commissioners of estimate in a proceeding to acquire title to certain lands in the city of New York. The nature of the proceeding and the facts, so far as material, are stated in the opinion.

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Appeals from orders of tlie General Term of the Supreme Court in the first judicial department, made April 14, 1892, which affirmed orders of the Special Term appointing commissioners of estimate in a proceeding to acquire title to certain lands in the city of New York. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The legislature has in the act in question declared uses to which the property may he put when acquired, which are not public and cannot be supported by the exercise of the power of eminent domain. (§ 716, Con. Act of 1882; In re N. F. &…

1Opinion of the CourtPeckhaai, J.

In the above title are comprised three separate and distinct proceedings on the part of the city authorities to acquire title to the lands particularly described in the several petitions.

The land described in the first petition is situated between 34th and 35th streets and belongs to the Yew York Central and Hudson Biver Bailroad Company, although the legal title thereto is vested in the individuals Cornelius and William K. Vanderbilt. It is used by the company for the purposes of its business.

The fee of the land described in the second petition, and which lies between 35th and 36th streets,…

2Cases cited4 opinions

  1. Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
  2. Williams v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
  3. Kingsland v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
  4. In re Eureka Basin Warehouse & Manufacturing Co.New York Court of Appeals · 1884

3Cited by57 opinions

  1. Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
  2. Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
  3. Visina v. FreemanSupreme Court of Minnesota · 1958
  4. Matter of City of New York (Upper N.Y. Bay)New York Court of Appeals · 1927
  5. Sublett v. City of TulsaSupreme Court of Oklahoma · 1965

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