In Re the Commissioners of the Palisades Interstate Park
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 27, 1915, which reversed an order of Special Term granting a motion for leave 'to abandon and discontinue condemnation proceedings as to the appellants herein and vacating and setting aside a prior order which confirmed the report of commissioners of appraisement in said proceeding.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 27, 1915, which reversed an order of Special Term granting a motion for leave 'to abandon and discontinue condemnation proceedings as to the appellants herein and vacating and setting aside a prior order which confirmed the report of commissioners of appraisement in said proceeding. The question of law which the order granting permission to appeal to this court certified as one which ought to be reviewed by this court is, ‘ ‘ Had the court below at Special Term…
1Opinion of the CourtChase, J.
The commissioners have not abandoned their determination to take the fee of the property described in their petition commencing this proceeding, hut for economic reasons stated in the papers on which they applied for the order of October 23, 1914, sought to abandon and discontinue the proceeding as against the respondents and thus allow them. to continue in possession of their leasehold rights during the remainder of- the terms under their leases respectively. No fraud, mistake, misconduct, irregularity, judicial error or inequity in the proceeding is claimed. The commissioners after…
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