Oakley v. Gardiner
New York Supreme Court
■ Appeal from special term, Queens county. Action by Rosalie Adele Oakley against John Lyon Gardiner and others for partition. From an interlocutory decree of partition and sale, defendants Gardiner appeal. Affirmed. The real estate which is the subject of this action is situated in Long Island City, and in the year 1888 a portion thereof was sold for nonpayment of assessments levied thereon to pay for certain street improvements.
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■ Appeal from special term, Queens county. Action by Rosalie Adele Oakley against John Lyon Gardiner and others for partition. From an interlocutory decree of partition and sale, defendants Gardiner appeal. Affirmed. The real estate which is the subject of this action is situated in Long Island City, and in the year 1888 a portion thereof was sold for nonpayment of assessments levied thereon to pay for certain street improvements. After the commencement of this action, the parties entered into a stipulation that a receiver be appointed of the property so sold, with authority to redeem the…
1Opinion of the CourtBrown, P. J.
The question presented for our decision is whether the pier and land under water upon the northerly side of Nott avenue, and immediately in front of lot 50, as a part of such lot, and was subject to the lien of the assessments. The land under water in front of the lot was granted to the parties to this action by the state in December, 1871. The northerly boundary of the improvement district begins at the intersection of the westerly boundary line of the city with a line drawn parallel with Nott avenue and 100 feet northerly therefrom. Laws 1874, c. 326, § 1. The. westerly boundary of the city…
2Cases cited2 opinions
- Tebo v. . City of BrooklynNew York Court of Appeals · 1892
- Mutual Life Insurance v. VoorhisNew York Supreme Court · 1893
3Cited by1 opinion
- Fairchild v. Union Ferry Co. of New YorkNew York Supreme Court · 1921