Village of Canandaigua v. Benedict
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert M. Benedict, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Ontario on the 23d day of August, 1895, as resettled by an order entered in said clerk’s office on the 9th day of September, 1895, authorizing the plaintiff to continue in possession of certain premises described in a petition in condemnation proceedings, pursuant to section 3379 of the Code of Civil…
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Appeal by the defendant, Robert M. Benedict, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Ontario on the 23d day of August, 1895, as resettled by an order entered in said clerk’s office on the 9th day of September, 1895, authorizing the plaintiff to continue in possession of certain premises described in a petition in condemnation proceedings, pursuant to section 3379 of the Code of Civil Procedure, during the pendency of the proceeding, and staying all proceedings on the part of the defendant in certain actions…
1Opinion of the Court
Follett, J.:
Bobert M. Benedict, the defendant in these proceedings, is the owner in fee and in possession of a farm eontaing 131 acres of land situate on the west side of Canandaigua lake, and about one mile south of the village of Canandaigua. A public highway known as the Lake Shore road extends through the farm in a northerly and southerly direction. The village of Canandaigua is a municipal corporation of this State, situated at the north end of this lake, and in 1895 was engaged in constructing a system of water works, through its board of water commissioners, pursuant to chapter 181 of…
2Cited by3 opinions
- Matteson v. Antenna-Vision, Inc.New York Supreme Court · 1967
- Estate v. Interborough Rapid Transit Co.New York Supreme Court · 1915
- Wait v. Hudson Valley Railway Co.New York Supreme Court · 1904