Legal Opinion

In re Public Park at Coney Island

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 1916Published

Appeal from Special Term, Kings County. In the matter of the application of the City of New York relative to acquiring title, etc., for the opening and extending of a public park at Coney Island, etc. From two orders of the Special Term, the city of New York appeals.

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Appeal from Special Term, Kings County. In the matter of the application of the City of New York relative to acquiring title, etc., for the opening and extending of a public park at Coney Island, etc. From two orders of the Special Term, the city of New York appeals. Order first appealed from reversed, so far as relating to parcels 1, 2, and 3, and otherwise affirmed; and order secondly appealed from entirely reversed; and matter as to parcels 1, 2, and 3 remitted to William C. Beecher, Esq., and others, as new commissioners of appraisal.

1Opinion of the CourtMills, J.

This is an appeal by the city of New York from two orders made at the Kings County Special Term, confirming the report of commissioners of appraisal, which awarded damages for four certain parcels of land at Coney Island, taken by the city for a public park. The condemnation and appraisal included also two certain other parcels, designated as No. 1-A and No. 1-B; but, as the appellant does not ask here to have the awards for those parcels reviewed, I do not consider them. Although the notices of appeal are general, I find it stated in one of the briefs that the city subsequently withdraw *1017its…

2Cases cited2 opinions

  1. Hine v. Manhattan Railway Co.New York Court of Appeals · 1892
  2. In re New York, Westchester & Boston Railway Co.New York Supreme Court · 1911

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