Cassidy v. Mayor
New York Supreme Court
Exceptions from circuit court, New York county. Action by Roseanna Cassidy against the mayor, aldermen, and commonalty of the city of New York to recover an award for injuries to a leasehold estate in the extension of a street, alleged by plaintiff to have been improperly paid by the city to a person wrongfully in possession of the leasehold, to whom the award was made by the commissioner.
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Exceptions from circuit court, New York county. Action by Roseanna Cassidy against the mayor, aldermen, and commonalty of the city of New York to recover an award for injuries to a leasehold estate in the extension of a street, alleged by plaintiff to have been improperly paid by the city to a person wrongfully in possession of the leasehold, to whom the award was made by the commissioner. A verdict was directed for plaintiff, and defendants move for a new trial on exceptions ordered to be heard in the first instance at general term.
1Opinion of the CourtIngraham, J.
There are two objections which are fatal to plaintiff’s recovery in this action. Upon the confirmation by the supreme court of the report of the commissioners of estimate and assessment relative to the opening of the street mentioned in the complaint, the order confirming such report became a judgment pronounced on a full hearing of the parties, and conclu*72sive in its character as to all questions litigated, or which might have been litigated, in the proceedings. Dolan v. Mayor, 62 N. Y. 475. And this principle has many times been reaffirmed by the court of appeals. The last case is Donnelly…
2Cases cited5 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
- In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878
- Spears v. . Mayor, Etc., City of N.Y.New York Court of Appeals · 1882
- Hasbrouck v. . BunceNew York Court of Appeals · 1875
3Cited by5 opinions
- Carpenter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- Youngs v. StoddardAppellate Division of the Supreme Court of the State of New York · 1898
- Patterson v. City of BinghamtonNew York Supreme Court · 1895
- Walker v. Brownsville-South Realty Co.Appellate Division of the Supreme Court of the State of New York · 1934
- In re Opening of Fulton AvenueNew York Supreme Court · 1897