Legal Opinion
In re the City of New York
New York Court of Appeals
Decided December 29, 1967PublishedCited by 4 opinions
1Opinion of the CourtKeating, J.
The City of New York petitioned Special Term to fix the amount of compensation due to it arising out of the condemnation of the elevated railroad structure on Third Avenue (hereafter the “El”). The statute under which the condemnation proceeding was brought (L. 1955, ch. 657) provides that the local area of benefit may be assessed the cost of acquiring and removing the El.
In this condemnation proceeding, the city, which had purchased the El from private owners in 1940, was both the condemnor and condemnee. The city as condemnee has been awarded $5,117,900.64 plus interest for certain…
2Cases cited10 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Boston Chamber of Commerce v. City of BostonSupreme Court of the United States · 1910
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- City of New York v. SageSupreme Court of the United States · 1915
- McGovern v. City of New YorkSupreme Court of the United States · 1913
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3Cited by4 opinions
- Vickery v. Village of SaugertiesNew York Court of Appeals · 1985
- City of New York v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Moreschi v. DiPasqualeAppellate Division of the Supreme Court of the State of New York · 2009
- Tankers International Navigation Corp. v. National Shipping & Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1986