In re City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by Melanie Pfizenmayer from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 1st day of March, 1909, directing the clerk of the court to change an award to the appellant, made by commissioners of estimate and assessment of the city of Mew York, so that the same should be payable to an unknown. owner.
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Appeal by Melanie Pfizenmayer from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 1st day of March, 1909, directing the clerk of the court to change an award to the appellant, made by commissioners of estimate and assessment of the city of Mew York, so that the same should be payable to an unknown. owner. The property taken was embraced within a street which had been thrown open and used under the name of Carroll street, but which had not become a public street by dedication, or the acquisition of title…
1Opinion of the Court
Rich, J.:
■ - The city does not appeal, and the only question presented is Whether the court at Special Term had authority to alter -and change the report of the commissioners. The charter of (greater. New York (Laws of 1901, chap. 466, § 986), provides as follows: “The said court shall by rule or order, after hearing any matter which may be alleged against the same, either Confirm the said report in Whole, or in part, or refer the same, or a part thereof, to the said-commissioners for revisal and correction, or to new commissioners, to be appointed . by the said coiirt to reconsider the…
2Cases cited3 opinions
- In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
- Matter of City of New YorkNew York Court of Appeals · 1909
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by8 opinions
- People ex rel. Toppping v. PurdyAppellate Division of the Supreme Court of the State of New York · 1911
- City of Lewiston v. BrintonIdaho Supreme Court · 1925
- In re Opening Hamilton StreetAppellate Division of the Supreme Court of the State of New York · 1911
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
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