Legal Opinion

In re Mayor

Appellate Division of the Supreme Court of the State of New York

Decided August 15, 1897PublishedCited by 5 opinions

Appeal by the petitioners, Henry T. Carey, as trustee, etc., of George He Peyster, and others, from so much of an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 14th day of July, 1896, as confirms the report of a referee, and overrules the exception filed to said report by said appellants, being the heirs of Nicholas He Peyster, and denies the motion made on behalf of said appellants that…

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Appeal by the petitioners, Henry T. Carey, as trustee, etc., of George He Peyster, and others, from so much of an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 14th day of July, 1896, as confirms the report of a referee, and overrules the exception filed to said report by said appellants, being the heirs of Nicholas He Peyster, and denies the motion made on behalf of said appellants that the .whole amount of said award he paid to them, and from so much of said order as confirms the said report and directs…

1Opinion of the Court

Ingraham, J.:

This proceeding was instituted to acquire the title to certain land necessary for the Cathedral parkway in the' city of New York, pursuant to chapter 275 of the Laws of 1891. The commissioners in that proceeding made an award for lots numbered 130,131 and 134 upon the damage map annexed to the report to unknown owners, and this application was to obtain such award. The court below directed the payment to the petitioners of the whole amount awarded for lot Ho'. 134, and one-half of the amount awarded for lots Hos. 130 and 131. Both the petitioners and the contestants appeal from…

2Cases cited3 opinions

  1. Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
  2. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  3. In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878

3Cited by5 opinions

  1. Myers v. Bell Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1903
  2. Winkle v. WinkleAppellate Division of the Supreme Court of the State of New York · 1904
  3. Pell v. PellAppellate Division of the Supreme Court of the State of New York · 1901
  4. Pell v. PellNew York Supreme Court · 1901
  5. Van Winkle v. Van WinkleNew York Supreme Court · 1903

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