In re Metropolitan Elevated Railway Co.
New York Supreme Court
Appeal from special term, New York county. Application by the Metropolitan Elevated Railway Company relative to acquiring title to certain real' estate, the property of Elvira Purdy, known as “Nos. 337 and 339 East Twenty-Third Street,” and described in the petition as “Parcel 142.” From the award of the commissioners of the appraisal, and from an order confirming said award, Elvira Purdy appeals. Reversed.
1Opinion of the CourtO’Brien, J.
The premises involved in this proceeding are two old-fashioned stores and tenements, situated on East Twenty-Third street, between First and Second avenues, and near the Twenty-Third Street station of the Second Avenue Line of Elevated Railway, and together are 37 feet 6 inches in width by 98 feet 9 inches in depth. As shown by the diagram or map, the structure of the railway is immediately over the north curb of the street, leaving between such structure and the house line only the sidewalk; the station referred to being also immediately in front of these premises. No question of rental…
2Cited by2 opinions
- Village of Port Henry v. KidderAppellate Division of the Supreme Court of the State of New York · 1899
- Purdy v. Manhattan Ry. Co.New York Court of Common Pleas · 1895