Yerks v. Harrigan
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Westchester County. Proceedings by the City of Yonkers to acquire land for the opening and extension of Alexander Street from Ashburton Avenue to the south line of Wells Avenue in the city. From an order refusing to confirm as to. a parcel the report of the commissioners of estimate and directing a rehearing as to such parcel, and from an intermediate order permitting amendment to objections to the report, Elijah M. Yerks and others appeal.
1Opinion of the CourtBurr, J.
[1] If any authority exists to permit the maintenance of a structure like the coal carrier described in the evidence in these proceedings across Alexander street, it rests in the common council of the city of Yonkers. Laws 1908, c. 452, art. 3, § 1. Even the common council could not authorize the maintenance of a structure which was a nuisance. City of New York v. Knickerbocker Trust Co., 52 Misc. Rep. 222, 102 N. Y. Supp. 900, affirmed 121 App. Div. 740, 106 N. Y. Supp. 506. The order appointing the commissioners confers upon them no jurisdiction to determine whether this structure is a…
2Cases cited2 opinions
- City of New York v. Knickerbocker Trust Co.New York Supreme Court · 1906
- City of New York v. Knickerbocker Trust Co.Appellate Division of the Supreme Court of the State of New York · 1907