In re Board of Street Opening & Improvement
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Proceeding to open Nelson avenue, in the city of New York. Appeal by the city of New York from an order of the special term directing the comptroller of said city to pay into court the sum of $2,884.33, the amount awarded to unknown owners for the parcel of land known as “Damage Parcel No. 10” in the above-entitled proceeding, with interest thereon from June 24, 1895, to the date of payment, and appointing a referee to take proof…
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Appeal from special term, New York county. Proceeding to open Nelson avenue, in the city of New York. Appeal by the city of New York from an order of the special term directing the comptroller of said city to pay into court the sum of $2,884.33, the amount awarded to unknown owners for the parcel of land known as “Damage Parcel No. 10” in the above-entitled proceeding, with interest thereon from June 24, 1895, to the date of payment, and appointing a referee to take proof and report as' to the ownership of the land for which said award was made. The above-entitled proceeding, to acquire title…
1Opinion of the CourtBarrett, J.
The sole question raised relates to the amount of interest which the city is required to pay. Section 992 of the consolidation act, as amended by chapter 660 of the Laws of 1893, provides:
“All damages awarded by the commissioners of estimate and assessment, with interest thereon from the date when title to the lands shall have vested in the mayor, aldermen and commonalty of the city of New York, as provided in this chapter, and all costs or expenses which may be taxed, shall be paid by the mayor, aldermen and commonalty of the city of New York to the respective persons or bodies politic or…
2Cases cited1 opinion
- In re Board of Street OpeningAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- People ex rel. New York City Church Extension & Missionary Society of Methodist Episcopal Church v. ColerAppellate Division of the Supreme Court of the State of New York · 1901