Matter of Simmons
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June Y, 1912, reversing so much of an order of Special Term as denied a motion for an allowance for counsel fees in excess of the sum of $2,000, for want of power in the court to grant the same, under chapter 724 of the Laws of 1905. This proceeding was instituted under the provisions of chapter 724 of the Laws of 1905, to acquire lands for an…
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June Y, 1912, reversing so much of an order of Special Term as denied a motion for an allowance for counsel fees in excess of the sum of $2,000, for want of power in the court to grant the same, under chapter 724 of the Laws of 1905. This proceeding was instituted under the provisions of chapter 724 of the Laws of 1905, to acquire lands for an additional water supply for the city of New York. The respondents, as the owners of one of the parcels of land taken, received…
1Opinion of the CourtWerner, J.
We agree with the learned Appellate Division in the conclusion that chapter 724 of the Laws of 1905 authorizes allowances for counsel fees to attorneys for property owners who have not appeared, as provided by section 13 of the act, and also to the attorneys for owners who have appeared in the proceedings. We can see no reason for the distinction between the two classes sought to be made by the appellants. The opinion of the court below quite satisfactorily disposes of this branch of the appeal, and renders .further discussion in this court unnecessary.
We differ with the learned Appellate…
2Cited by6 opinions
- Matter of County of Westchester v. BaruchNew York Court of Appeals · 1928
- In re SchmiederNew York Supreme Court · 1927
- In re GillespieNew York Supreme Court · 1940
- In re the Commissioners of the Palisades Interstate ParkNew York Supreme Court · 1913
- In re Laying Out, Opening & Extending School StreetAppellate Division of the Supreme Court of the State of New York · 1914
1 more not listed; retrieve them via the Exa API.