In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the Queensboro Investing Company and another, claimants for damages for lots in the bed of a newly-opened street ■ in the Elmhurst section of Queens county, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 7th day of March, 1917, denying their motion for the confirmation of the report of the awards for damage and returning the same with instructions to award nominal…
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Appeal by the Queensboro Investing Company and another, claimants for damages for lots in the bed of a newly-opened street ■ in the Elmhurst section of Queens county, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 7th day of March, 1917, denying their motion for the confirmation of the report of the awards for damage and returning the same with instructions to award nominal .damages only. On August 19, 1912, commissioners were appointed whose report of damage awards was signed on January 26, 1917.…
1Opinion of the Court
Putnam, J.:
Two questions come up on these appeals. What is a dedication of a street to the public? In the absence of such dedication, how much do private rights of way granted to adjoining lot owners diminish the fee value of the street bed?
As to dedication, this case is quite different from that presented in Matter of City of New York [Decatur Street] (196 N. Y. 286), where for nineteen years before the proceedings the street had been opened and publicly traveled, water mains laid, with a row of shade trees on either side, and a path between the trees and the side fences, with other marks of…
2Cases cited12 opinions
- Reis v. . City of New YorkNew York Court of Appeals · 1907
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Matter of City of New YorkNew York Court of Appeals · 1909
- Flack v. Village of Green IslandNew York Court of Appeals · 1890
- Matter of HunterNew York Court of Appeals · 1900
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3Cited by5 opinions
- Nichols Copper Co. v. ConnollyAppellate Division of the Supreme Court of the State of New York · 1924
- Golowich v. Union Free School District No. 8New York Supreme Court · 1960
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1924
- In re The City of New YorkAppellate Division of the Supreme Court of the State of New York · 1931
- Lathrop v. SlaterDistrict Court, D. Alaska · 1920