New York Municipal Railway Corp. v. Susie Church Holliday
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Susie Church Holliday, 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 31st day of July, 1919, in so far as such order modifies a report of commissioners of appraisal in condemnation proceedings and denies appellant’s motion to make the receiver of the plaintiff a party and compel such receiver to give further or other security in addition to or in place…
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Appeal by the defendant, Susie Church Holliday, 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 31st day of July, 1919, in so far as such order modifies a report of commissioners of appraisal in condemnation proceedings and denies appellant’s motion to make the receiver of the plaintiff a party and compel such receiver to give further or other security in addition to or in place of the undertaking given by the plaintiffs to enable them to obtain possession of the condemned easements.
1Opinion of the Court
Jaycox, J.:
To state the facts briefly, the defendant is the owner of real property on Jamaica avenue, in Woodhaven. The plaintiffs have recently constructed an elevated railroad structure through that avenue, adjoining the defendant’s property. The plaintiffs, desiring to procure the right to build this elevated structure and to extinguish the defendant’s easements of light, air and access, instituted this proceeding by the usual petition. The defendant appeared and interposed an answer. Judgment of condemnation was thereafter entered, which recited that the defendant had brought an action…
2Cases cited7 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Davis v. GraySupreme Court of the United States · 1873
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Moore v. . New York Elevated Railroad CompanyNew York Court of Appeals · 1891
- In re the Board of Water CommissionersAppellate Division of the Supreme Court of the State of New York · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Copeland v. SalomonNew York Court of Appeals · 1982
- In re the Estate HerleNew York Surrogate's Court · 1937
- Wildermuth v. PiousAppellate Division of the Supreme Court of the State of New York · 1964
- Town of Greenburgh v. ShalleckAppellate Division of the Supreme Court of the State of New York · 1936
- In re Bronx Parkway CommissionAppellate Division of the Supreme Court of the State of New York · 1920
3 more not listed; retrieve them via the Exa API.