In re City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Theodore Minzesheimér, from certain parts of an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 14th day of March, 1923, sustaining objections filed by the city of New York to the report of commissioners of estimate in street-opening proceedings as to awards made for damage Nos. 4, 5, 5-A, 7 and 7-A in favor of the claimant, the grantee of the bed of a street; confirming…
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Appeal by the claimant, Theodore Minzesheimér, from certain parts of an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 14th day of March, 1923, sustaining objections filed by the city of New York to the report of commissioners of estimate in street-opening proceedings as to awards made for damage Nos. 4, 5, 5-A, 7 and 7-A in favor of the claimant, the grantee of the bed of a street; confirming said report except as to said damage awards; directing as to said awards the return of the report to the commissioners…
1Opinion of the Court
Finch, J.:
There are just two questions in the case, first, was there a proffer of dedication of the damage parcels to the public by the filing of a map by the owners showing lots fronting on East One Hundred and Seventy-seventh street, and second, did the approval of such map by the chief engineer of the board of estimate and apportionment, who was specially appointed for this work by resolution of the said board, constitute an acceptance of the offer of dedication?
While condemnation proceedings for the taking by the city of the bed of East One Hundred and Seventy-seventh street were pending,…
2Cases cited6 opinions
- City of Buffalo v. . PrattNew York Court of Appeals · 1892
- Matter of HunterNew York Court of Appeals · 1900
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Matter of City of New York (Sedgwick Ave.)New York Court of Appeals · 1915
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
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