City of Brooklyn v. Long Island Water-Supply Co.
New York Supreme Court
Appeal from special term, Kings county. Application of the city of Brooklyn for authority to acquire the property and franchises of the Long Island Water-Supply Company. From an order (32 N. Y. Supp. 182) granting an extra allowance to the company, the city appeals.
1Opinion of the CourtBrown, P. J.
I am of the opinion that the court had no power to grant the order appealed from. Section 3240 of the Code of Civil Procedure authorizes an award of costs in special proceedings at the same rates allowed for similar services in actions. But this section does not empower the court to grant an extra allowance. In re Holden, 126 N. Y. 589, 27 N. E. 1063. This proceeding was not instituted under the general condemnation law, but pursuant to chapter 481, Laws 1892, and therefore the order cannot be sustained under section 3372 of the Code. Moreover, the conditions do not exist under which, alone,…
Also in this document: Concurrence.
2Cases cited1 opinion
- Matter of Application of HoldenNew York Court of Appeals · 1891
3Cited by3 opinions
- In re MankowskiNew York Supreme Court · 1906
- In re the Board of Water SupplyNew York Supreme Court · 1907
- In re East 133d StreetNew York Supreme Court · 1904