In Re the Trustees of the New York & Brooklyn Bridge to Acquire Lands of Clark
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made September 16, 1892, which reversed an order of Special Term denying a motion to confirm the report of commissioners in condemnation proceedings and confirmed said report with interest from the date when it should have been confirmed at Special Term. The-facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made September 16, 1892, which reversed an order of Special Term denying a motion to confirm the report of commissioners in condemnation proceedings and confirmed said report with interest from the date when it should have been confirmed at Special Term. The-facts, so far as material, are stated in the opinion. The order of the General Term of the Supreme Court confirming commissioners’ report is a final order affecting a substantial right made in a special proceeding, and is appealable. (In re…
1Opinion of the CourtEarl, J.
This is a condemnation proceeding to acquire land for the Mew York and Brooklyn Bridge Company. Commissioners of appraisal were appointed, and the land being in the possession of tenants, it became necessary to appraise the value of the interest of the tenants as well as the interest of the fee owners. They awarded to the owners, “ for the fee of said premises,” the sum of $104,625, and a separate sum to each of the tenants. The award to the owners “ for the fee ” must be understood to be for the fee subject to the leases. The appraisers in such a case may pursue either one of two methods.…
2Cases cited2 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- New-York Central Railroad Co. v. . MarvinNew York Court of Appeals · 1854
3Cited by51 opinions
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- Davison v. KlaessNew York Court of Appeals · 1939
- Great Atlantic & Pacific Tea Co. v. StateNew York Court of Appeals · 1968
- Brooklyn Eastern Dist. Terminal v. City of New YorkCourt of Appeals for the Second Circuit · 1944
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