Legal Opinion

In re the City of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 11, 1918Published

Appeal by the petitioner, Domestic Realty Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of April, 1918, denying its application for an order requiring the comptroller of the city of New York to pay interest on certain awards.

1Opinion of the Court

Laughlin, J.:

The awards were made pursuant to the provisions of chapter 1006 of the Laws of 1895 for damages to two parcels of land caused by the closing of White Plains road as it formerly existed. The damages accrued on the 1st day of October, 1905, and the parcels were then owned by Phoebe V. S. and Harriet V. S. Thorne. Pursuant to the provisions of said statute they obtained orders on February 11 and April 12, 1904, requiring the commissioners herein to ascertain and award their damages and they appeared by Mr. Trapnell, as their attorney, and offered evidence with respect to their…

2Cases cited9 opinions

  1. In re MinzesheimerAppellate Division of the Supreme Court of the State of New York · 1911
  2. Matter of Minzesheimer v. . PrendergastNew York Court of Appeals · 1912
  3. Matter of City of New York (West 151st St.)New York Court of Appeals · 1918
  4. Matter of Edelmuth v. . PrendergastNew York Court of Appeals · 1911
  5. In re EdelmuthAppellate Division of the Supreme Court of the State of New York · 1911

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