In re City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from commissioners of estimate and assessment. In the matter of the application of the counsel to the corporation of the city of Hew York, etc., on behalf of the mayor, etc., to acquire title to certain lands, etc., pursuant to chapter 102 of the Laws of 1893, for a driveway along the Harlem river, in the borougli of Manhattan. From an order confirming the report of the commissioners of estimate and assessment, Frederick Booss appeals.
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Appeal from commissioners of estimate and assessment. In the matter of the application of the counsel to the corporation of the city of Hew York, etc., on behalf of the mayor, etc., to acquire title to certain lands, etc., pursuant to chapter 102 of the Laws of 1893, for a driveway along the Harlem river, in the borougli of Manhattan. From an order confirming the report of the commissioners of estimate and assessment, Frederick Booss appeals. This road or driveway was constructed under authority of an act of the legislature of the state of New York (chapter 102, Laws 1893). By section 10 of…
1Opinion of the CourtPatterson, J.
The appellant’s claim to compensation for the destruction of easements appurtenant to his property is one resting altogether in private right, and does not grow, as seems to be argued, out of any relation of the public to the action "of the city in building upon the tideway. He claims as owner of upland property, to which certain riparian rights are attached. Those rights are strictly in the nature of easements. It is unnecessary to consider their particular character or extent. It has been definitely settled that whatever easements a riparian owner of lands on the west bank of the Harlem…
2Cases cited4 opinions
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
- Mayor, Etc., of City of N.Y. v. . HartNew York Court of Appeals · 1884
- Jarvis v. . LynchNew York Court of Appeals · 1899