Herb v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Proceedings by the city of New York to acquire title to certain lands on the easterly side of Amsterdam avenue, between 139th and 140th streets, alleged to belong to one Jacob Herb. An award was made in favor of Herb. From an order taxing costs and granting an extra allowance in his favor, the city appeals.
1Opinion of the Court
McRAUGHRIN, J„
Proceedings were instituted by the city of New York to,acquire title to certain lands on Amsterdam avenue, between 139th and 140th streets, owned by the respondent, Herb. ’ After the commencement'of such proceedings an offer was made under section 1436c of the Greater New York charter (Laws 1901, p. 609, c. 466) to sell this land to the city for the sum of $56,000. The offer was dated January 9, 1905, and was signed, “Jacob Herb, by Joseph A. Flannery, Attorney.” The offer was rejected, and title subsequently acquired by the city, for which an award was made to Herb of $62,500.…
2Cases cited1 opinion
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906