New York, Ontario & Western Railway Co. v. Nelson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the New York, Ontario and Western Railway Company, from an order of the Supreme Court, made at the Oswego Special' Term and entered in the office of the clerk of the county of Oswego on the 4th day of March, 1912, denying a motion for permission to discontinue and abandon condemnation proceedings. The proceeding was commenced in July, 1910, tó condemn certain lands in the city of Fulton owned by the defendants.
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Appeal by the plaintiff, the New York, Ontario and Western Railway Company, from an order of the Supreme Court, made at the Oswego Special' Term and entered in the office of the clerk of the county of Oswego on the 4th day of March, 1912, denying a motion for permission to discontinue and abandon condemnation proceedings. The proceeding was commenced in July, 1910, tó condemn certain lands in the city of Fulton owned by the defendants. The defendants served an answer denying the necessity of the acquisition of the land in question by the plaintiff for the purposes of the corporation and…
1Opinion of the Court
McLennan, P. J.:
We think that there is no force in the defendants’ contention that the motion to abandon and discontinue the condemnation proceeding was not made in time. The notice of motion to discontinue such proceeding was made within the thirty days specified in the statute and it was made returnable at the first Special Term of the Supreme Court held in the county of Oswego at which such motion could be heard. It seems to us that the provision of the statute is complied with *247when the motion for permission to discontinue or abandon the proceeding is made within thirty days and so…
2Cited by8 opinions
- In re the Acquisition of Lands for the Purpose of a Municipal GarageNew York Supreme Court · 1930
- In re Municipal Housing Authority of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1954
- In re the Acquisition of Lands for the Purpose of a Municipal Garage in & for the City of UticaAppellate Division of the Supreme Court of the State of New York · 1931
- In re the Commissioners of Palisades Interstate ParkAppellate Division of the Supreme Court of the State of New York · 1915
- Municipal Housing Authority of Utica v. Ruffini, New York County Courts1964
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