Coyne v. Town of Greenburgh
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John H. Coyne, as sole surviving executor, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 16th day of March, 1920, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the complaint upon the merits, and also, as stated in the notice of appeal, from an intermediate order of the court made at the trial on the 4th day of…
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Appeal by the plaintiff, John H. Coyne, as sole surviving executor, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 16th day of March, 1920, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the complaint upon the merits, and also, as stated in the notice of appeal, from an intermediate order of the court made at the trial on the 4th day of February, 1919, denying the plaintiff’s motion to strike out, the defendant’s second defense.
1Opinion of the Court
Jay cox, J.:
The Legislature in the year 1892 passed an act (Chap. 493) providing for the extension of a highway in one town along and through another town in the same county. Pursuant to the provisions of this, act application was duly made and commissioners appointed to extend Warburton avenue in the city of Yonkers from the north line of the city and town of Yonkers through the town of Greenburgh_to the village of Hastings. Thereafter, pursuant to the provisions of said act, the commissioners appointed thereunder ascertained and certified that the land damage caused by the extension of said…
2Cases cited18 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Ashton v. . City of RochesterNew York Court of Appeals · 1892
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Swift v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1881
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