Legal Opinion

In re Mayor of New York

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

Decided May 15, 1899PublishedCited by 24 opinions

Motion to confirm the report of the commissioners of estimate appointed in the above-entitled proceeding. The commissioners were appointed under chapter 56 of the Laws of 1894. That act provided (§ 1) that certain lands described therein, “ or so much thereof as the commissioners to be appointed under the provisions of this act shall deem advisable to be acquired, are hereby declared to be a public place and public parkway for public use and public purposes.”

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Motion to confirm the report of the commissioners of estimate appointed in the above-entitled proceeding. The commissioners were appointed under chapter 56 of the Laws of 1894. That act provided (§ 1) that certain lands described therein, “ or so much thereof as the commissioners to be appointed under the provisions of this act shall deem advisable to be acquired, are hereby declared to be a public place and public parkway for public use and public purposes.” The commissioners were directed (§ 2) to proceed with alii due diligence to “ make a just and equitable estimate of the loss…

1Opinion of the Court

Barrett, J.:

There can be no doubt that the actual appropriation of the property here by the city occurred on the 9th day of January, 1895,. when the commissioners decided that all the lands described in the-act should be acquired. The value of the lands appropriated should be estimated as of that date. This conclusion is in entire accord with the rule laid down in Matter of Munson (29 Hun, 338) and Matter of Department of Public Parks (53 id. 280), a rule which was followed and reaffirmed in People ex rel. Canavan v. Collis (20 App. Div. 341) and in Matter of The Mayor (24 id. 7). From the…

2Cases cited1 opinion

  1. People ex rel. Canavan v. CollisAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by24 opinions

  1. Fishel v. City & County of DenverSupreme Court of Colorado · 1940
  2. Milmar Estate, Inc. v. Borough of Fort LeeNew Jersey Superior Court Appellate Division · 1955
  3. In re County of WestchesterNew York Supreme Court · 1953
  4. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
  5. Matter of City of New York (Newton Avenue)New York Court of Appeals · 1916

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