New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The People of the State of New York, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 2d day of January, 1918, denying its motion to confirm the report of a referee and directing the payment to the respondents of a certain deposit in the Marine National Bank of Buffalo, representing the amount of the award in a proceeding instituted by the New York Central and Hudson…
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Appeal by the defendant, The People of the State of New York, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 2d day of January, 1918, denying its motion to confirm the report of a referee and directing the payment to the respondents of a certain deposit in the Marine National Bank of Buffalo, representing the amount of the award in a proceeding instituted by the New York Central and Hudson River Railroad Company for the condemnation of a certain piece or parcel of land situate in the city of Buffalo.
1Opinion of the Court
De Angelis, J,:
The order under review was made under section 3378 of the Code of Civil Procedure, to determine conflicting claims to moneys on deposit in the Marine National Bank of Buffalo, N. Y., representing an award of damages in a condemnation proceeding. The controversy aeróse over the claim of the appellant, the People of the State of New York, that one John J. P. Read, at the time of his death, owned the real estate acquired by the petitioner in the proceeding and that, although he left a will, he died intestate as to such real estate and the same escheated to the State, on the one…
2Cases cited3 opinions
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Matter of Rhinebeck Connecticut R.R. Co.New York Court of Appeals · 1876
- In Re the Commissioners of the Palisades Interstate ParkNew York Court of Appeals · 1915
3Cited by10 opinions
- Bean v. WalkerAppellate Division of the Supreme Court of the State of New York · 1983
- In re the Estate of De StuersNew York Surrogate's Court · 1950
- In re the Accounting of KellyNew York Surrogate's Court · 1947
- Barringer v. European American Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1988
- In re the Estate of EverhartAppellate Division of the Supreme Court of the State of New York · 1996
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