People ex rel. New York City Church Extension & Missionary Society of Methodist Episcopal Church v. Coler
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, 27ew York county. Mandamus by the people, on the relation of the 27ew York City Church Extension and Missionary Society of the Methodist Episcopal Church, against Bird S. Coler, comptroller. From an order granting-peremptory writ, defendant appeals.
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Appeal from special term, 27ew York county. Mandamus by the people, on the relation of the 27ew York City Church Extension and Missionary Society of the Methodist Episcopal Church, against Bird S. Coler, comptroller. From an order granting-peremptory writ, defendant appeals. The following is the opinion of the court below (LAWRE27CE, J.): “The relator’s counsel is right in contending that sections 873-876 of the-consolidation act do not, affect the question involved in this case, inasmuch as they relate to changes in the grades of streets after the streets have been actually laid out and the…
1Opinion of the CourtMcLAUGHLIN, J.
In 1895 the city of New York instituted proceedings, under the consolidation act, to acquire title, and on the 28th of April, 1896, it did acquire title, to certain lands necessary for the opening of a street called “Marion Avenue.” In the proceeding an award of $1,000 was made by the commissioners of estimate and assessments to the relator “for damages to buildings by reason of the intended regulation of the street” (Marion avenue). This award was not made because the city had taken or acquired title to any of the relator’s land, but solely to compensate it for the damages which it might…
2Cases cited2 opinions
- In re Board of Street Opening & ImprovementAppellate Division of the Supreme Court of the State of New York · 1898
- In re Board of Street Opening & ImprovementAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- In re Opening of Seventy-Seventh StreetAppellate Division of the Supreme Court of the State of New York · 1908