Legal Opinion

In re Bensel

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

Decided November 16, 1910PublishedCited by 3 opinions

Appeal by The City of New York and John A. Bensel and others, constituting the board of water supply of the city of New York, from an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Ulster on the 14tli day of March, 1910, confirming the report of commissioners of appraisal awarding damages to the respondents.

1Opinion of the Court

Cochrane, J.:

This is a proceeding instituted under chapter 724 of the Laws of 1905, as amended by chapter 314 of the Laws of 1906, having reference to the acquisition of certain rights in behalf of the city of Hew York for the purpose of extending its water supply. What is known as the Ashokan reservoir territory in Ulster county, acquired by the city in connection with its water supply, includes a tract of land approximately twelve miles long and from one to two miles wide situated in a valley through which flows the Esopus creek. A dam across the valley will impound the waters of the creek,…

2Cases cited1 opinion

  1. People Ex Rel. Burhans v. City of New YorkNew York Court of Appeals · 1910

3Cited by3 opinions

  1. Hudson River Telephone Co. v. City of New YorkNew York Court of Appeals · 1914
  2. In re HuieAppellate Division of the Supreme Court of the State of New York · 1963
  3. Hudson River Telephone Co. v. City of New YorkNew York Supreme Court · 1912

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