In re Opening of One Hundred & Sixty-Third Street
New York Supreme Court
Appeal from special term, New York county. Proceedings instituted by the mayor, aldermen, and commonalty of the city of New York to acquire title to certain real estate for a public street. The mayor, etc., appealed from an order granting a motion made by Martin B. Brown for leave to file objections to the report of the commissioners of estimate and assessment therein.
1Opinion of the CourtIngraham, J.
The respondent omitted to file his objections with the commissioners until the day after the time required by the notice published by them, and this is an appeal from an order made at special term granting leave to file such objections. The first question presented is whether or not the court had power to allow the respondent to file the objections after the time had expired. It seems to me clear that this is a special proceeding, within the provisions of section 3334 of the Code. By section 3333 it is provided that an action is an ordinary prosecution in a court of j ustice by a party…
2Cases cited1 opinion
- In re Opening of One Hundred & Eighty-First StreetNew York Supreme Court · 1890
3Cited by1 opinion
- In re South Market StreetNew York Supreme Court · 1894