People Ex Rel. Palmer v. . Travis
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 19, 1917, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to pay to the relators the amount of a judgment recovered in the Court of Claims for the appropriation of certain real property for a Barge canal terminal. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 19, 1917, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to pay to the relators the amount of a judgment recovered in the Court of Claims for the appropriation of certain real property for a Barge canal terminal. The facts, so far as material, are stated in the opinion. The certificate of the attorney-general that no appeal from the judgment sought to be collected had been or would be taken by the state was…
1Opinion of the CourtAndrews, J.
On March 30, 1915, the Court of Claims awarded to Lowell M. Palmer and others $960,712.50 for damages for land appropriated by the state under the authority of chapter 746 of the Laws of 1911.. This award was based upon the report of Judge Haight, an official referee, to whom on the stipulation of the claimants and the attorney-general had been referred the question of title to the lands involved and the question of damages. There had been some dispute as to whether a part of the lands appropriated belonged to the claimants or to the state or to the city of New York. The referee found in…
2Cases cited32 opinions
- Hunter v. City of PittsburghSupreme Court of the United States · 1907
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- The People v. . KerrNew York Court of Appeals · 1863
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
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3Cited by37 opinions
- Witter v. TaggartNew York Court of Appeals · 1991
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- MacRum v. HawkinsNew York Court of Appeals · 1933
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Tripee v. Port of New York AuthorityNew York Court of Appeals · 1964
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