In re Bensel
Appellate Division of the Supreme Court of the State of New York
Appeal by the City of New York from an order of the Supreme Court, made at the Rockland Special Term and entered in the office of the clerk of the county of Westchester on the 14th day of October, 1911, as resettled and amended by an order entered in said clerk’s office on the 1st day of November, 1911, confirming an award of $380,000 for certain parcels of land in Westchester county taken for the purpose of a water supply for New York city.
1Opinion of the Court
Woodward, J.:
The proceeding now before this court on review was originally instituted, to take certain pieces of property, and was known as section No. 15. Subsequently it was consolidated with section 17, and it appears to have been agreed among counsel before the commissioners that the taking should be regarded as of the 2d day of July, 1910, though the original taking, under the statute, would have been on the 6th day of December, 1909. The city of New York appeals from the award, urging that it is excessive; that there was a failure of evidence as to the claimant’s title to the premises;…
2Cases cited1 opinion
- Harlem River & Portchester Railroad v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1932
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1938
- In re BenselAppellate Division of the Supreme Court of the State of New York · 1912